JUDGMENT :

1. The four writ petitions pose a challenge to the order passed by the Permanent Lokadalat, Aurangabad, in distinct Pre-litigation Dispute Applications, which has held the petitioner/the Oriental Insurance Company liable for the payment of compensation to the claimants in the wake of the policy of the State Government and the petitions are filed being aggrieved by the said order, on a submission, that the impugned Award has erroneously fastened the liability on the insurance company, dehors the contract of insurance.

Since the four writ petitions involve a common point of law and arise out of a common cause of action, they are heard together and decided by this common judgment.

2. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

Heard the learned Advocate Shri. Dhananjay Deshpande for the petitioner-Insurance Company, Shri. P. G. Borade, learned AGP for respondent no.2/State, Shri. S. B. Solanke, learned Advocate for respondents/Claimants and Shri. S. S. Shinde, learned Counsel for respondent no. 3 in WP No. 12529 of 2021.

3. The State of Maharashtra being a welfare State, aimed at protecting the health and well being of its citizens, was conscious of the precarious situation of a farmer, who, at times, has to face natural disasters as well as meet unforeseen contingencies like a road accident, an electric shock, snake/scorpion bite, vehicle accident etc., while he is undertaking his agriculture avocation. These unforeseen events may at times take his life or cause disablement to him. The family of the farmer, who succumb to such unforeseen contingency, or the farmer, who sustain a disability, is left in a deleterious situation, with the source of livelihood being deprived to the family.

This peculiar situation led the State Government to formulate a policy, since it was noted that the family of a farmer who meet untimely death or the farmer who sustain a disability, do not have any financial assistance through an independent insurance policy. This prompted the State Government to take various steps from time to time by issuing Government Resolution through the concerned Department of State i.e. Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, to implement the 'Individual Farmer Accident Insurance Policy'. On passage of time, this policy was replaced in the year 2009-2010 by 'Shetkari Janata Apghat Vima Yojana' and this policy was in force since 2009-2010.

4. The Government, however, soon realized need for modification of the scheme and by issuing a Resolution on 04.12.2009, it modified the terms and conditions of the 'Shetkari Janata Apghat Vima Yojana', which contemplated adherence to the terms and conditions stipulated in the Government Resolution and necessary instructions were issued to the Commissioner (Agriculture) to supervise the implementation of the scheme to ensure that the farmer, who is governed by the said scheme, is conferred with the benefits flowing therefrom, without any delay and with a object to relieve the farmer or his family of the distress, the manner in which the Insurance Company shall settle the claims of the insured was also provided by the said Government Resolution. A provision was also made by the Government for selection of the insurance company, in order to implement the policy of the State Government and it contemplated a Tripartite Agreement to be executed between the Government, Insurance Company and the concerned farmer. It was also directed to accord wide publicity, to the said policy so that it reach every farmer in the State.

A copy of the Government Resolution dated 04.12.2009, containing the modified 'Shetkari Janata Apghat Vima Yojana' is placed on record and marked as Exh. ‘A’ to the petition.

The said Government Resolution is appended with necessary details in the form of Appendix, which provide for the amount of compensation to be paid to the family of the farmer in case of his death and in case of the disability incurred by hi