Raj HC | No material irregularity if Permanent Lok Adalat call for any inference by the court in exercise of writ jurisdiction

Rajasthan High Court: Veerendr Singh Siradhana, J. dismissed the writ appeal on the ground that the assessment done for the crop production estimation was according to the scheme and there was no illegality in the order passed by Permanent Lok Adalat.

A writ petition was made against the order made by Permanent Lok Adalat, the General Insurance Corporation of India Ltd.

Gajendra Singh Chauhan, counsel for the petitioner submits that National Agriculture Insurance Company (NAIS) was introduced and launched in the country. The respondent-farmer suffered loss on the account of the fire to the crop and the claim was awarded to the tune of Rs 2,40,000 along with the interest. It was submitted that quantum of claim determined by the Permanent Lok Adalat was bad in eye of law in the view that general guidelines of the scheme contemplates that claim to be settled only on yield data furnished by Directorate of Economics and Statistics arrived through regular crop estimation surveys for production estimates and in the present case it was done on the basis of the report of tehsildar who opined that respondent-farmer suffered from a minimum loss, which was bad in eye of law as the production estimation was to be transmitted to Agriculture Insurance Company of India, New Delhi as per the notification. Thus the writ was filed.

The Court opined that a  glance of National Agriculture Scheme would reflect that the loss assessment in the case of localized calamities is to be assessed on individual basis and the district Revenue Administration will assist Revenue Administration in assessing the extent of crop loss and thus the estimate by the tehsildar cannot be brushed away. Thus, dismissed the writ.[General Insurance Corpn. of India Ltd. v. Bhoop Singh, 2019 SCC OnLine Raj 963, decided on 14-05-2019]

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