MAYONG ANCHALIC KRISHAK SOMMITTEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Baruah, the learned counsel for the appellants. Also heard Ms. R. D. Mozumdar, the learned counsel for the respondent No.2, Mr. K. K. Dey, the learned counsel for the respondent Nos. 6 and 7 and Mr. C. K. S. Baruah, the learned Government Advocate, Assam, for respondent Nos. 3, 4, 5, 8 and 9.

(2.) This appeal under Section 96 of the Code of Civil Procedure (CPC) is preferred by the appellants against the judgment and decree dated 04.09.2013 passed in Title Suit No.08/2011 by the learned Civil Judge, Morigaon dismissing the suit of the plaintiffs/appellants.

(3.) The plaintiffs/appellants filed the suit for recovery of Rs. 28,75,000/- as the claim for damage of insured Boro paddy cultivated by the plaintiffs/appellants and insured under the National Agricultural Insurance Company of India Limited, the defendant/respondent No.2. In the financial year 2007-08 the plaintiffs/appellants obtained loan from the State Bank of India, Raja Mayong Branch by mortgaging their individual agricultural land for cultivation of Boro paddy. The said loans were sanctioned individually and the crop was insured under the defendant/respondent No.2 and for that purpose an amount of 2 % from the sanctioned loan amounts were deducted by the respondent bank as the individual premium for the cultivation of Rabi Season crops for the year 2007-08 of the notified Mayong Area of Morigaon District. The standing crops of the plaintiffs/appellants were totally damaged by hailstorm on 29.03.2008 at about 5 PM which was communicated to the Branch Manager, SBI, Raja Mayong Branch, the defendant/respondent No.6, the Circle Officer of the Mayong Revenue Circle, the pro-forma defendant respondent No.8 under the Deputy Commissioner, Morigaon and to the District Agricultural Officer of Morigaon District, the pro-forma defendant/respondent No.9. A joint enquiry was conducted by the Circle Officer, Mayong Revenue Circle and District Agricultural Department of Morigaon and certified damage of 80 % of the standing crops under the notified Mayong Area. Mayong Anchalic Krishak Sommittee was registered under the Societies Registration Act later with the individual plaintiffs/appellants as Members of the Society and the plaintiff/appellant No.2 as the Secretary took up the matter on behalf of the Society with the Branch Manager of defendant No.6 but the Insurance Authority did not assist the inquiry conducted by the Circle Officer and the District Agricultural Officer as per guideline of National Agricultural Insurance Scheme issued by the defendant respondent No.2. Upon advice of the defendant/respondent No.6, the plaintiffs/appellants No.1 and 2 filed CP Case No.01/2009 before the President, District Consumer Forum, Morigaon and later on, the same was withdrawn by obtaining liberty to file a fresh suit vide order dated 15.12.2010 of the District Consumer Forum.