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Appeal No.1670/2012
Date of filing: 11.08.2022
Date of disposal: 19.08.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:19.08.2022
PRESENT
Mr.K.B SANGANNANAVAR
:
JUDICIAL MEMBER
Mrs. DIVYASHREE M
:
LADY MEMBER
APPEAL NO.1670/2022
TATA AIG General Insurance Co. Ltd.,
No.69, 3rd Floor,
Jamboo Keshava Archade,
Millers Road, Bangalore-52.
Represented by its
Authorized Signatory.
(Advocate – Sri.Prashant T Pandit)
…..Appellant/s
V/s
Sri.H.G Venkataramu,
S/o Dathugowda,
R/at Hadavanahalli Village,
Santhebachahalli Hobli,
Krishnaraja Pete Taluk,
Mandya.
…..Respondent/s
Appeal No.1670/2012
ORDER
Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER
This is an Appeal filed U/s.41 of C.P Act, 2019 by OP in
complaint No.17/2018 on the file of District Consumer Disputes
Redressal Commission, Mandya, aggrieved by the order dated 12th
April 2022.
2. The Commission examined the grounds of Appeal,
impugned order and heard learned counsel.
3. Learned counsel for Appellant placed a reliance reported in
2022(1) CPR 1 (Karnt.) in a case of Tata AIG General Insurance Co.
Ltd., versus Mr.C.Venkataramana and Ors., wherein held “Forum
has not made efforts to get the Report with regard to the alleged
loss of the Insured Crops assessed by the OPs. On examination of
the
records,
as
State
Commission
found
participation
of
Department of Agriculture and Government is necessary party but
facts remained in the case on hand Commission below found loss
of crop was due to heavy rain and high speed wind as a result fall
of the live electric line on the Banana crop.
4. In the above such circumstances, on reevaluating the
materials on record, in our view awarding of Rs.27,196/- has to be
held contrary to the documents, has to be reduced to Rs.14,000/-
Appeal No.1670/2012
and the rate of interest awarded at 9% shall have to be reduced to
6% considering the nature of dispute. In such conclusion to avoid
further delay we dispense with issuance of notice of this Appeal to
the Respondent/complainant. Accordingly proceed to allow the
Appeal in part. Consequently modifies the impugned order and
directed OP/Appellant to pay Rs.14,000/- along with interest @ 6%
p.a from the date of complaint till realization and do pay Rs.4,000/-
towards mental agony and physical inconvenience and Rs.2,500/-
towards litigation cost within 30 days.
5. Amount in deposit is directed to be transfer to the District
Commission for needful with a direction to refund the amount in
favour of OP if amount is already paid to the complainant.
6. Provide copy of this order to the District Commission as
well as parties to the appeal.
LADY MEMBER JUDICIAL MEMBER
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