MANSINGH Vs. ICICI GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) IN the rainfed areas of agriculture in India, the farmer finds himself completely at the mercy of the elements. Survival of the crop is crucially dependent upon availability of the requisite moisture and ambient temperature, all through the agricultural operations from sowing to harvest. Fluctuations beyond limited tolerance levels, almost always prove fatal to survival of the crop. Even when the farmer is lucky with the quality of the seeds, pesticides micronutrients and other inputs, the growth and yield can still be destroyed by a long dry spell, temperature variations or excessive rain and flooding. In this background, Government of India and the Government of Chhattisgarh brought out an imaginative scheme under the caption Pilot Weather Based Crop Insurance Scheme for Rabi 2008 -09. The notification issued by the State Government on 22.10.2008 gives details of this scheme. Being a Pilot Scheme, it is meant for a few crops and a few Districts only. Benefit under the Scheme is limited to non -loanee farmers. The Scheme is designed to be implemented through OP/ICICI Lombard General Insurance Company Ltd.

(2.) THE Scheme is for implementation on area approach basis. Insurance premium for the same is to be borne in equal proportion by the Central and State Governments. Assessment of loss is to be made on fortnightly basis for damage suffered due to variation in average temperature and unseasonal rain. Under the Scheme the OP/ICICI Lombard is totally responsible for establishing and operating weather centres for monitoring of the temperature and rain parameters for the purposes of determination of loss.

(3.) THE matter in these 73 Revision Petitions before us arose from implementation of this Scheme in relation to wheat crop in Durg District in Rabi 2008 -09 crop season. Complaints were filed before District Consumer Disputes Redressal Forum, Durg alleging that neither the claims were settled nor the details of temperature record relied upon were shared with them. Therefore, the Complainant had relied upon the data obtained from Indian Meteorological Department (IMD). Durg, District does not have an IMD monitoring station and therefore, temperature records of IMD Raipur for the period 1.1.2009 to 31.3.2009 have been relied upon by the Complainants. As per the Complaint Petition, daily variations in increase of temperature, as compared to the bench mark figures of the OP, are higher than the figures relied upon by the OP/Insurance Company. It is alleged in the complaint petitions that the OP/Insurance Co, has provided a 'manipulated chart and shows by lowering the low rise in temperature'. The Complainants had therefore prayed that insurance claims should be paid as the policy condition of rise in temperature in this period is fulfilled. In response to the above allegation in the Complaint, OP/ICICI Lombard General Insurance Company filed a very brief and non -detailed Written Statement before the District Forum, which reads as follows: -