Ex gratia compensation for COVID-19 deaths should be paid even if death certificate does not mention COVID: Supreme Court

The Supreme Court on Monday passed orders to govern payment of ex gratia compensation for COVID- 19 deaths (Gaurav Kumar Bansal v. Union of India)..A Bench of Justices MR Shah and AS Bopanna accepted the submission of the Centre that ₹50,000 shall be paid to next kin of deceased. "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," the Court said.Pertinently, the Court in its order said that State should not deny the benefit on the ground that cause of death in death certificate is not mentioned as COVID-19."COVID-19 case for purposes of compensation is the one in which victims were diagnosed with Covid RT-PCR test in an outside clinic or in patient facility. This test to be within 30 days of the date of death," the Court clarified.Covid cases which are 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," the Court underscored.The order was passed on a plea seeking directions to the Central and State governments to provide ex-gratia compensation to the family members of those who have succumbed to the COVID-19 disease and post COVID complications.The payment will have to be made from the State Disaster Relief Fund and it has to be made within 30 days of submitting application and cause of death being certified as of COVID-19."Full details of the beneficiary should be published in print media," the Court added. On June 30, the apex court had ordered the National Disaster Management Authority (NDMA) to form guidelines for payment of ex gratia compensation to family members of persons who succumbed to Covid-19.The Court had left it to the wisdom of the NDMA to decide on the amount to be provided as ex gratia assistance."We direct NDMA to form guidelines for ex gratia compensation for family members of persons who succumbed to covid as per minimum standards of relief. The reasonable amount to be provided is left to wisdom of national authority," the judgment had stated.Subsequently, the Central government had filed an affidavit before the top court stating that it has recommended compensation of ₹50,000 for every person who succumbed to COVID-19. .[Read Judgment]