Court-1 APPEAL NO. 1210 OF 2023 SBI General Insurance Co. Ltd.

Meghmalhar Complex, Opp. H.P. Petrol Pump, Sector-11, Gandhinagar. …Appellant Vs.

1. Chaudhari Rangnathbhai Jivrajbhai

2. Chaudhari Ganeshbhai Jivrajbhai Both at: Shabdalpura, Ta. Radhanpur, Dist: Patan

3. Branch Manager Shri, Axis Bank

436, Milk Consumers Co. Operative Ltd, Sectior-16 Ta & Dist- Gandhinagar ...Respondent Appearance: Ms. K.S.Pathak, Ld. Adv. for the appellant.

Mr. V.M.Pancholi, Ld. Adv. for the respondent.

Coram: Hon’ble Mr. M.J. Mehta, President (Acting)

Hon’ble Dr. J. G. Mecwan, Member Order by Shri M.J.Mehta, President (Acting)

1. Being aggrieved and dissatisfied with the judgment and order dated 11.01.2023 passed by the DCDRC, Patan in CC.

No. 121 of 2019. The appellant has preferred this appeal.

2. The appellant has preferred instant appeal on the ground that the impugned order is arbitrary, perverse and is bad in law, the parties will be referred as per their original nomenclature for the sake of the convenience.

3. Brief facts of the present case are as under: Complainant was having crop insurance under the Pradhan Mantri Fasal Bima Yojana and due to flood crop was damaged and for compensation complainant claimed before the insurance company but the same was rejected. Being aggrieved with the same complainant filed the complaint before the Ld.

Dist. Commission.

4. After hearing Ld. Adv. for both parties, considering the documents and evidences on record, the Ld. Dist. Commission has partly allowed the complaint. Being aggrieved by the impugned order of the Ld. Dist. Commission, Patan the Ori. Opponents have filed the present appeal before this Commission on the grounds stated in the appeal memo.

5. Today Ld. Adv. Ms. K.S.Pathak and Ld. Adv. Mr.

V.M.Pacholi were present for the admission hearing.

6. Ld. Adv. Ms. K.S. Pathak for the appellant she has submitted before us that that order passed by the Ld. Dist.

Commission is not tenable in eye of law.

7. Ld. Adv. Ms. K.S. Pathak for the appellant has submitted before us that the Ld. Dist. Commission has failed to go into nuts and bolts of the PMBYI scheme, that the necessary details for processing the crop insurance claim is furnished by the government and accordingly the Insurance Company only calculated the claim on the basis of formula given in operational guidelines of Pradhan Mantri Fasal Bima Yojana (PMFBY). below is relevant provision of operational guidelines of Pradhan Mantri Fasal Bima Yojna vide clause XI: Assessment of Loss/ Shortfall in yield.

8. Ld. Adv. Ms. K.S.Pathak for the appellant has submitted before us that there is 9% interest is awarded by the Ld.

Dist. Commission which is on higher side.

9. Ld. Adv. Mr. V.M.Pancholi has submitted before us that the order passed by the Ld. Dist. Commission is just, fair and not required to be interfered with.

10. Looking to the facts and circumstances of the case when the award amount ordered by the Ld. Dist. Commission is very small amount and therefore we do not want to enter into the merits of the case as the damages is caused to the complainant and hence if lump-sum amount is awarded in this case then it would meet the end of the justice.

11. We have gone through the judgement of the District Commission and the document of the case produced before us, we are of the view that there is no dispute regarding the policy in existence and the damages caused due to flood in the area of the complainant farm. In view of this discussion as damage is caused to the complainant due to flood is an admitted fact then we are of the opinion that if amount lump-sum of Rs. 30,000/- is awarded instead of Rs. 50,000/- it would meet the end of justice. Hence following final order is passed.

FINAL ORDER i) Appeal No. 1210 of 2023 is partly allowed at admission stage.

ii) The judgment and order dated 11.01.2023 passe