On the 4th of October, the Apex Court reviewed the recommendation of ex gratia payment to the Wuhan virus, also known as COVID-19 victims and approved the same. During the review hearing, the Top Court directed the state governments to disburse the compensation money of Rs. 50,000, recommended by the National Disaster Management Authority (NDMA) within 30 days from the date of submitting the application.
The SC bench led by Justice M.R. Shah and Justice A.S. Bopanna said, “No States shall deny the ex-gratia assistance of Rs. 50,000 to the next of the kin of the deceased died due to COVID-19 solely on the ground that in the death certificate issued by the appropriate authority, the cause of death is not mentioned as ‘Died due to COVID-19.”
In addition, the Court also said that individuals who committed suicide after being diagnosed with COVID-19, should also get the compensation amount. The SC said the assistance of Rs. 50,000 should be termed as ex-gratia payment under Section 12(iii) of the Disaster Management Act (DMA,) 2005. Nn
The Apex Court asked all the states and union territories to form a special committee regarding the same. The court said, “All the states shall constitute such Committee within a period of one week from today (the 4th of October) and the address location and full particulars of the said Committee at the District level shall be published in Print Media and Electronic Media having wide circulation. So far as the Corporation area is concerned, a similar Committee be constituted consisting the Deputy Commissioner, Medical/Health, the Chief Medical Officer of Health of the Civil Hospital in the area, if any, Additional CMOH/Principal/HOD Medicine of a Medical College (if one existing in the district) and a subject expert and their office shall be at the office of the Municipal Corporation of the concerned municipality.”
The SC bench also asked to correct the cause of death and provide an ex gratia amount to families who do not have a death certificate mentioning COVID-19 as the cause of death. It means, if a person is diagnosed with COVID-19 positive and died within 30 days, even if the cause of death is not mentioned as COVID-19 in the death certificate, the family of the deceased would get the compensation money.
In addition, for the states which announced an ex gratia amount more than Rs. 50,000, the extra amount should be paid under other relevant state schemes for COVID-19 victims.
The court hearing was based after, the National Disaster Management Authority (NDMA,) recommended an ex gratia for families who lost their kin due to the Wuhan virus. As per NDMA, a compensation of Rs. 50,000 should be given to the kin of those who died of COVID-19.
How to avail ex gratia assistance of COVID-19?
To avail The ex gratia assistance, the concerned families need to submit their claims through a form issued by the State Authority.
In addition, they need to attach specified documents including the death certificate that certifies the cause of death to be COVID-19.
A committee comprising, Additional District Collector, Chief Medical Officer of Health, principal of Head of Department of a Medical College (if existing in the district) and a subject expert would propose remedial measures, including issuance of amended official documents for COVID-19 death after verifying facts.
After verification, the family would get the financial assistance as per the NDMA guidelines.
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