Insured farmers must receive timely compensation as per the Pradhan Mantri Fasal Bima Yojana, with obligation on insurance companies to expedite claim settlements.

JUDGMENT :

SUNITA AGARWAL, C.J.

1. Having heard Mr.Mihir Joshi, the learned Senior Counsel with Mr.Mitul Shelat, Ms.Raveena Kinhabwala and Ms.Disha Nanavaty, Ms. Manisha Lavkumar, the learned Additional Advocate General with Mr.Raj Tanna, the learned Assistant Government Pleader, the learned advocate Mr.P. B. Khambholja, the learned advocate Mr.Satish A. Pandya and Mr.Sangram Chinnappa for Mr.Subodh Kumud appearing in respective matters at length, suffice it to record that pursuant to an order dated 07.10.2020 passed by this Court, in this Public Interest Litigation, a Committee constituted by the State Government had examined claims of all insured farmers by considering the representation of such farmers, after summoning information from the insurance company. The insurance company reported to have been provided the details which were considered by the said Committee and an order dated 11.07.2023 has been passed by the Director of Agriculture, Gandhinagar based on the report considering the information received, operational guidelines of the Pradhan Mantri Fasal Bima Yojana and the aims and objectives of the PMFBY.

2. The order of the Director of Agriculture, Gandhinagar brought on record with the affidavit dated 09.11.2023 filed by the Assistant Director of Agriculture (CIS – 1) records that as per the order, during Kharif- 2017 season, claim settlement of Rs.7,48,86,898/- towards 15,047 insured farmers (District- wise information given in Table – 9) are still pending, out of total 3,73,501 insured farmers of Cluster – 5 (Surendranagar, Morbi, Patan, Anand and Banaskantha) Districts. The insurance company namely SBI General Insurance Company Limited is required to pay these eligible claims at the earliest without any further delay. The operative portion of the order of the Director of Agriculture, Gandhinagar is required to be noted hereinunder:-

“10. Conclusion:

I. Total 3,73,501 farmers were insured farmers during Kharif-2017 in Cluster-5 districts and farmer's share premium was deducted and remitted to SBIGIC as per the information given dated 28.01.2022.

II. SBIGIC had paid Claims under Localised Calamities.

SBIGIC had paid claims of 21,134 farmers under localised calamities in Cluster-5 districts. Out of farmers, 2 farmers also found eligible for payable claim difference amount of Rs.6035/-(Annexure-C) as per the Para no. XV.1.

(a) of OPGs and minutes of GOI dated 23.01.2019.

III. SBIGIC had paid Claims under season end yield (wide spread Calamities).

SBIGIC had accepted and paid claims of 69,799 farmers under season end yield based claim in accordance with the operational guidelines para no. XI.10. Out of 69,799 farmers, 113 farmers are found eligible for season end yield based payable claim difference amount of Rs. 39,866/- (Annexure-E) as per the Para no. XI.10 of OPGs and 1096 farmers are eligible for localised calamity based payable claim of Rs.42,00,154/- (Annexure-F) as per the provision of para no. XV.1. (a). iv OPGs under PMFBY and as per on the decision of Minutes dated 23.01.2019.

IV. SBIGIC had accepted but not paid claims under any risks.

SBIGIC had accepted but still not paid claims to 3215 insured farmers, However, out of above 3215 insured farmers, Localised Calamity claims of 905 farmers and season end yield based claims of 2310 farmers are eligible for claim settlement of Rs.94,73,131/- which is still pending towards all 3215 farmers by SB GIC.

V. Insured Farmers considered non eligible under all risks as per the SBIGIC during kharif-2017 Total 2,79,353 insured farmers in Cluster-5 districts considered non eligible for claim settlement under all the risks by SBIGIC. However, out of above 2