Today,16th April, Bombay High Court emphasized the importance of taking COVID-19 death compensation cases seriously, highlighting the gravity of the issue. The court warned against handling such cases lightly, urging thorough and careful consideration. This directive highlighted the need for responsible and sensitive legal approaches amid the pandemic’s challenges. The Bombay HC’s guidance aims to ensure fair and just outcomes for affected families.
Mumbai: The Aurangabad bench of the Bombay High Court emphasized that compensating COVID-19 warriors’ deaths should not be treated as a reward or prize. Cases seeking ex-gratia must be handled with seriousness, as stated during the dismissal of a petition by the widow of a handpump helper who passed away during the pandemic.
A division bench comprising Justices Ravindra Ghuge and Justice R M Joshi stated,
“There was nothing “perverse or erroneous” in the Maharashtra government’s order rejecting the woman’s application seeking Rs 50 lakh in compensation.”
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On Tuesday, a copy of the judgment issued on March 28 became available.
This ruling pertained to the petition filed by Kanchan Hamshette from Nanded district, who sought Rs 50 lakh in ex-gratia compensation from the government. She claimed that her husband, employed by the government, died due to COVID-19 infection. The state government introduced a comprehensive personal accident cover of Rs 50 lakh for employees engaged in pandemic-related activities. Hamshette highlighted that her husband involved in essential services before his death in April 2021.
Seeking the High Court’s intervention, she aimed to overturn the state government’s rejection communication from November 2023. The court emphasized the necessity of handling such cases with sensitivity, care, and caution.
The court said,
“On the one hand, such cases have to be scrutinised thoroughly, but on the other hand, it has to be kept in mind that cases which are not qualified for payment of Rs 50 lakh as ex-gratia cannot be entertained as if such amounts are a bounty,”
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The court cautioned that if these cases handled lightly and compensation awarded indiscriminately, ineligible individuals would receive Rs 50 lakh from public funds.
The high court agreed with the government’s argument that the petitioner’s husband, a handpump helper, not deployed for COVID-19 duties by a competent authority.