Indian Kanoon - Search engine for Indian Law

6. In case, the State/UT administration fail to furnish yield data based on requisite number of CCEs' or fail to furnish yield data within stipulated date, the responsibility of such claims, if any arising out of such data will totally rest with the State/UT administration.

7. The respondents in these cases are the owners of the lands, which are situated at different villages in Dharwad Taluk. They raised paddy crop during the year 2004-05 Kharif season. They insured the crop by paying

- 67 -

with reference to Dharwad Taluk, is 64 kg per hectare. Similarly, the actual yield for the relevant period is 661 kgs per hectare. Therefore, there is no shortfall. Consequently, there is no liability. This aspect has not been properly appreciated by the Permanent Lok- adalath as well as the learned Single Judge and therefore, he submits that the said orders are required to be set aside.

16. The material on record shows that at the relevant year the Government of Karnataka had declared Dharwad Taluk as a drought hit

- 72 -

area. By mere such declaration, the farmer is not entitled to the insurance coverage. That declaration shows that there was drought, but in the normal course when there is drought, the yield would be less than when there was no drought. That is precisely the reason why the Scheme says threshold yield or guaranteed yield for a crop in an insurance Unit shall be the moving average based on past three years average yield in case of rice and wheat and five years average in case of other crops has multiplied the level of indemnity. Therefore, if the Implementing Agency, in the background of these facts, want to deny the claim of the farmers, they should produce the data showing the threshold yield or the guaranteed yield calculated by the Director of Economics and Statistics. If that is not produced, their defence