NAGAVVA AND ORS. Vs. THE MANAGING DIRECTOR, AGRICULTURAL INSURANCE CORPORATION OF INDIA LIMITED AND ORS.

JUDGEMENT

(1.) THESE petitions are disposed of by this common order, having regard to the common issue that arises for consideration.

(2.) THE petitioners herein had filed a petition before the Permanent Lok Adalat, Dharwad, against the respondents under Section 22A(b)(vi) read with Section 22C(1) of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act', for brevity) claiming certain crop insurance amount with interest and also seeking compensation for mental agony suffered by them. The claim was uniformly in respect of the year 2003 -04 khariff season. The petitioners had sought for award of costs as well. The petitioners are said to be the owners of respective agricultural lands situate at Amminabhavi and surrounding villages. They had raised crops such as groundnut, onion, jowar and toordal during the said season.

(3.) IT transpires that the petitioners uniformly suffered losses, and therefore, sought the crop insurance. They were paid certain amounts, which the Insurance Company claimed was in full satisfaction of the claims, in terms of the Insurance Policy. However, the petitioners being aggrieved of a shortfall in the said amounts paid, had raised the claim before the Lok Adalat. There was a delay in filing the application and they had also sought for condonation of delay before the Lok Adalat. They were not aware of the part payment of the crop insurance amount and it is only in retrospect they had realised that they had been short changed in the settlement of their claims. This aberration had occurred since the insurance amount had been directly transferred to the loan accounts of the respective petitioners and it had gone unnoticed that they were not provided the entire amount to which they were entitled and it is only on realising the injustice that they had approached the Lok Adalat.