Delhi HC issues notice to Centre, NDMA on plea for COVID-19 ex gratia compensation
Sep 13, 2021
New Delhi [India], September 13 : Delhi High Court on Monday sought response of Centre, NDMA and others on a plea moved by a daughter seeking ex gratia monetary compensation for the death of her mother due to COVID-19.
A bench of Justice Rekha Palli sought response from the Union of India and National Disaster Management Authority (NDMA) and brother of the petitoner and slated the matter for November 18, 2021.
Santosh, through advocate Anand, stated that on April 20 this year her mother Bimla Devi was admitted to a hospital in Delhi and complained of fever, vomiting and pain in the abdomen. Her mother also had a fever for 5-6 days, vomiting for three days and pain abdomen in LHC.
The petition said that on April 30, Bimla Devi's COVID-19 RT PCR report was positive but on May 3, Bimla Devi was discharged in critical condition from the hospital. She could not get admission to another COVID-19 designated hospital as no rooms were available at that time in most of the hospitals for Covid patients and she succumbed to the virus at home on the same day.
The petitioner claimed she could not get the death certificate of her mother from the MCD office as the brother of the petitioner was not cooperating in the process of getting death certificate of the deceased.
The plea said the original receipt of cremation is lying with the petitioner's brother Jitender Yadav.
It said that Section 12 of the Disaster Management Act 2005 mandatorily provides for the National Authority defined under Section 3 of the said Act to recommend guidelines for the minimum standards of relief to be provided to persons affected by the disaster and it shall include, inter alia, ex gratia assistance on account of loss of life.
The petition also said it is the statutory duty of the National Authority to provide guidelines for ex gratia assistance on account of loss of life to those who died due to COVID-19, which has been declared as "notified disaster".
