[COVID-19] Kin of deceased health worker cannot claim compensation under both State and Central government schemes: Madras High Court

The Madras High Court recently held that a kin of a COVID-19 victim can claim benefits/ compensation either under the Central government scheme or State government scheme but not both..Justice CV Karthikeyan, therefore, rejected a petition filed by a deceased nurse's husband, seeking a compensation of ₹50 lakh from the Tamil Nadu (TN) government.The nurse had passed away after contracting COVID while at work. "A person can get that benefit of that scheme either under the Central government or under the State government scheme. He cannot seek a relief from both the Central government and from the State government scheme," the Court said. The Court noted that the petitioner, K Arunachalam had already received a sum of ₹50 lakh under the Central government's Pradhan Mantri Garib Kalyan Package (PMGKP) insurance scheme for frontline health workers fighting COVID-19, following the death of his wife K Thangalakshmi. As per Arunachalam's petition, Thangalakshmi, who was a staff nurse at the Rajiv Gandhi government hospital in Chennai, was posted on COVID duty in April 21, 2020. While on duty, she was infected with COVID-19. After she recovered and her medical leave ended, Thangalakshmi rejoined work at the COVID ward on June 1, 2020. However, she contracted COVID again and breathed her last on June 14, 2020. At the time, benefits of PMGKP insurance scheme were extended to Arunachalam. However, he approached the Madras High Court claiming that at the time of his wife's death, the TN government too had a scheme that paid ₹50 lakh as compensation to the kin of frontline health workers who died of COVID-19. Arunachalam, therefore, prayed the State government too be directed to pay such compensation amount to him.The TN government, however, opposed his plea saying that Arunachalam had received the amount sanctioned by the Centre and that the State had also paid him all terminal benefits payable in the present case..The High Court agreed with the State's submissions and said that the petitioner's counsel was making an erroneous interpretation of the law. The Court said that the petitioner's claim amounted to making a "wrongful gain from an unfortunate death." "The purport of the Chief Minister's announcement is only to equalise the compensation payable by the State Government to the same amount as that was promised by the Central Government. It was ₹10,00,000 by the State Government and that was increased to ₹50,00,000. There was no intention that the sum of ₹50,00,000 which was the sum to be paid by the State Government was over and above the sum paid by the Central Government. A person can get that benefit of that scheme either under the Central Government or under the State Government scheme. He cannot seek a relief from both the Central Government and from the State Government Scheme. That would be making unlawful gain from unfortunate death. The petitioner must realise that ₹50,00,000 which he claims can be given to any other family which requires that benefit. He had received a sum of ₹50,00,000. He should be satisfied service of his wife had been recognised by the authorities and consequent to her death, her family had been given the benefit of ₹50,00,000," the High Court said. The Court also said that by claiming the compensation amount for himself "again and again," Arunachalam should not stand in the way of another family eligible for such compensation under the State government's scheme.Advocate R Thirugnanam appeared for the petitioner. Government Advocate P Rajarajeswari appeared for the respondent TN government authorities..[Read Judgment]