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SC to Govt: You cannot deny Rs.50, 000 Ex Gratia on the basis that the Death Certificate does not mention Covid as the cause of death

Team SoOLEGAL 6 Oct 2021 1:17pm

SC to Govt: You cannot deny Rs.50, 000 Ex Gratia on the basis that the Death Certificate does not mention Covid as the cause of death

In the wake of the deaths induced by the COVID-19 pandemic, a bench led by Justice M R Shah ruled that no state government should deny the Rs 50,000 benefit on the basis that the cause of death on the death certificate is not Covid-19, and also that the district authorities should take remedial measures to correct the cause of death.

The Supreme Court ordered state governments to follow the Centre's rules for paying Rs 50,000 as an ex-gratia to kin of those who died from Covid-19, and to release the money within 30 days of filing the application. Meanwhile, the bench, which also included Justice A S Bopanna, stated that ex-gratia assistance should be given for deaths that occur after the date of the ruling.

According to the Supreme Court, the grievance redressal committee can evaluate the deceased patient's medical data and make a decision on compensation within 30 days. If death certificates have already been produced and family members are dissatisfied with the cause of death listed on them, they may approach the committee and submit documentation requesting that the certificate be modified. The Court further said that the Rs 50,000 will be in addition to the sums provided by the Centre and States under different benevolent schemes

The states will pay Rs 50,000 ex-gratia assistance to the families of those who died as a result of Covid-19 from the State Disaster Response Fund (SDRF), according to National Disaster Management Authority (NDMA) guidelines. The Supreme Court issued the order in response to a petition seeking compliance with the June 30 judgment, in which the NDMA was directed to develop guidelines for granting compensation to the families of those who died as a result of Covid-19, and the Centre was also directed to develop guidelines to simplify the process of issuing death certificates in Covid-19 cases.

The Centre filed a compliance affidavit in which it notified the Supreme Court about the NDMA guidelines imposed to fix the assistance at Rs 50,000, as well as guidelines framed to ease the process of obtaining death certificates.

The Supreme Court issued its decision on June 30 on the (PILs) filed by Lawyers Gaurav Kumar Bansal and Reepak Kansal seeking the Court's intervention for payment of Rs 4 lakh ex-gratia to the Covid-19 victims' families.



Tagged: Death Certificate   Justice M R Shah   Supreme Court   Justice A S Bopanna   State Disaster Response Fund   National Disaster Management Authority   Lawyer Gaurav Kumar Bansal   Lawyer Reepak Kansal  
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