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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Patel Jayantibhai Prabhubhai – Appellant
Versus
The Manager – Respondent
| Table of Content |
|---|
| 1. examination of insured farmers' claims (Para 1) |
| 2. pending claims and compensation for kharif-2017 (Para 2 , 3) |
| 3. maintainability of the public interest litigation (Para 4 , 5) |
| 4. mandate for the insurance company to process claims (Para 6 , 7) |
| 5. court’s directions for claim settlements (Para 8 , 9 , 10 , 11 , 12) |
JUDGMENT :
SUNITA AGARWAL, C.J.
1. Having heard Mr.Mihir Joshi, the learned Senior Counsel with Mr.Mitul Shelat, Ms.Raveena Kinhabwala and Ms.Disha Nanavaty, Ms. Manisha Lavkumar, the learned Additional Advocate General with Mr.Raj Tanna, the learned Assistant Government Pleader, the learned advocate Mr.P. B. Khambholja, the learned advocate Mr.Satish A. Pandya and Mr.Sangram Chinnappa for Mr.Subodh Kumud appearing in respective matters at length, suffice it to record that pursuant to an order dated 07.10.2020 passed by this Court, in this Public Interest Litigation, a Committee constituted by the State Government had examined claims of all insured farmers by considering the representation of such farmers, after summoning information from the insurance company. The insurance company reported to have been provided the details which were considered by the said
Insured farmers must receive timely compensation as per the Pradhan Mantri Fasal Bima Yojana, with obligation on insurance companies to expedite claim settlements.
The rejection of claims by the insurance company was found to be discriminatory, arbitrary, and in violation of Article 14 of the Constitution of India. The State Government was held responsible for ....
Point of law: While construing the terms of a contract of insurance, the words used therein must be given paramount importance, and it is not open for the Court to add, delete or substitute any words....
The payment of prior premium is a Sine qua non of coming into force of any contract of insurance between the insured and insurer, and the State Government's insistence on making payment to the farmer....
Principles of natural justice, opportunity to place relevant materials/documents, liberty to take recourse to alternative remedies, mode of proceedings during the pandemic
The Pravasi Bharatiya Bima Yojana, 2017, is a statutory welfare scheme, allowing judicial review of insurance claims despite delays in intimation, emphasizing the protection of emigrant workers' righ....
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