38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

Supreme Court Hearing on Covid death Compensation case

By LawStreet News Network      21 March, 2022 05:49 PM      0 Comments
Supreme Court Hearing Covid death Compensation case

Solicitor general Tushar mehta says we have filed plea seeking orders permitting any central agency to scrutinise the documents submitted for compensation.

My suggestion is that center with the help of state govts should conduct a sample survey, because now it is not possible to re-check all claims
Center also says there should be cut off date created to file claims

SG clarifies that cut off date should be Four weeks from today. So that anyone who is eligible as of right now should file within 4 weeks


Justice Shah -- 4 weeks is too short. If there is a death then the family would need time to recover from the sorrow and then file claims. 
Also give us the statistics on which states there are high numbers of alleged false claims.

Which agency will do this??

SG-- the central govt will consider the issue

SC-- the concerns have been raised in 3/4 states where there are a lot of false claims

SG-- according to instructions that would be Andhra, Maharashtra, Gujarat and Kerala. MohFW is concentrating first on these four states
The Health ministry is monitoring administration

SC-- will ministry do this or will the national disaster management authority?? Under the law the power is with NDMA and state DMA

SC-- there has to be some check on the claims.

Basant-- there is concern that there are fake claims. Therefore random review of 5% claims will deter fake claims.

SG-- the NDMA act lays down guidelines for compensation and punishment for fake claims.

SC-- that's why our concern is that there should be some statutory power.

Adv Gaurav bansal--  the NDMA act has section 52

SC says will pass detailed order on the issue.

Bansal-- there is also an issue that in Hindu rituals there are rituals till 30 days after the death.

SC-- as far as these four states are concerned you have to give full details for verification.

We will give 60 days time from today for filing claims for the persons who have already died. For future deaths we will give 90 days time. 
Further we will also say that if there are any reasons for delay then the state should accept it.

We will come up with some directions.
Will pass orders by Wednesday



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