Supreme Court delivers order on a plea seeking implementation of SC order directing NDMA to frame guidelines for payment of ex-gratia compensation for COVID19 deaths
Justice MR Shah: next kin of the deceased shall be paid an amount of Rs 50,000 and it will be over and above the amounts paid by centre and state under various benevolent schemes.
Justice MR Shah: The payment will be from state disaster relief funds. Full details of the beneficiary should be published in print media. Such amount will be disbursed within 30 days of submitting application and cause of death being certified as of COVID19
Justice Shah: No state shall deny the Rs 50,000 benefit on the ground that cause of death in death certificate is not COVID19. The district authorities to take remedial steps to have the cause of death corrected. District level committee details to be published in print media
Justice Shah: the ex gratia assistance shall continue to be provided for deaths that continue to occur post the date of judgment.
Justice Shah: COVID19 case for purposes of compensation is the one in which victims were diagnosed with covid RT PCR positive in an outside clinic or in patient facility. This test to be within 30 days of the date of death.
SC: covid cases not resolved and where person dies in home or hospital will also be covid death, if family member satisfies the authority of cause of death as covid then no state shall deny benefit of 50,000 on the ground that cause of death is not covid in the death certificate
Justice Shah: grievance redressal committee can examine medical records of deceased patient and take a call within 30 days and order the compensation. such committee will have the power to call for records from the hospitals.
Justice Shah: in case of death certificates already issued and if family members are aggrieved by cause of death mentioned in the certificate, it will be open to approach the committee and submit relevant documents and seek a modification of such certificate.
Justice Shah: NDMA and Ministry of Health are directed to issue guidelines to have the above directions implemented by the state.
Justice Shah: In terms of the above the plea stands disposed off.
