[COVID-19 deaths] Compensation cannot be denied because claim was filed physically and not online: Bombay High Court

Getting compensation is the right of kin of COVID-19 victims and the same should not be denied merely because the claim was filed physically and not via web portal, the Bombay High Court observed on Monday..The Court was hearing a plea seeking ex-gratia payment to those whose claims were delayed since they had filed the same physically and not through the online portal.The plea filed by the non-government organisation Prameya Welfare Foundation, represented 56 applicants who were seeking ex-gratia payment of ₹50,000 as they were unable to apply through the web portal specifically set up for processing such claims.The Bench pulled up the State government for insisting that claimants should file applications online. It orally directed them to permit individuals to submit documents physically or by post..A Bench of Chief Justice Dipankar Datta and Justice MS Karnik was informed of the Supreme Court decision on the guidelines formulated by the National Disaster Management Authority (NDMA) for disbursal of ex-gratia compensation to dependents of COVID victims through the State Disaster Response Fund (SDRF).Interpreting the order, CJ Datta told the government authorities that the spirit of the Supreme Court order was that administration must reach families of person who have died of COVID-19. “Keep this in mind and why should you be so technical?” CJ Datta remarked. “Web portal is for your (state's) convenience. Getting compensation is their (citizen's) right. They cannot be deprived just because they filed form physically,” Justice Karnik added..The plea stated that claim forms were distributed in several chawls and slum areas following which nearly 56 people who were economically backward, had filed claims before the Collector’s office much before the Maharashtra government initiated the online portal for claims and payments.It further stated that due to technical glitches, online forms could not be uploaded and hence the claims which were filed physically ought to be granted.Brihanmumbai Municipal Corporation (BMC) stated that out of over 30,000 applications they had received, the civic authority had approved over 15,000.The government pleader meanwhile stated that the online portal was only set in place to ensure that the amount was directly paid to the beneficiary, which is also why the NGO was not in a position to assist in submission of claims.The State sought time to take instructions on the matter from the concerned officials.The Bench, therefore, posted the matter for further hearing on January 27, 2022.