Case Note & Summary
The writ petition was filed by the daughters of the deceased, Mr. G. Johnson, who sought monetary compensation of Rs.15,00,000 from the Food Corporation of India following their father's death due to Covid-19 complications. Mr. Johnson tested positive for Covid-19 on 31.05.2021 and was admitted to an accredited hospital, where he was treated and discharged on 10.06.2021 with instructions to quarantine for 14 days. He resumed work on 12.07.2021 but died three days later on 15.07.2021. The petitioners contended that there was a direct link between the Covid-19 infection and their father's death, supported by a death report indicating Covid-19 as the cause, despite the medical certificate stating cardiac arrest as the immediate cause. The respondents argued that the death certificate did not mention Covid-19, and the deceased had only mild symptoms, thus denying the claim under the Covid-19 compensation scheme. The court analyzed the guidelines issued by the Government of India regarding death certificates for Covid-19 deaths and noted that deaths occurring within 30 days of a positive test should be classified as Covid-19 deaths. The court found a reasonable belief in the connection between the Covid-19 infection and the death, emphasizing the need for a liberal interpretation of beneficial statutes. Ultimately, the court allowed the writ petition, directing the respondents to disburse the compensation within four weeks and to pay interest for any delay.
Headnote
A) Constitutional Law - Writ Jurisdiction - Compensation for Covid-19 Death - Article 226 of the Constitution of India - The court directed the respondents to sanction and disburse monetary compensation of Rs.15,00,000 to the petitioners, recognizing the nexus between the Covid-19 infection and the subsequent death of the deceased employee, despite the death certificate stating cardiac arrest as the cause of death. Held that the absence of a specific mention of Covid-19 in the death certificate should not deny the benefits of the scheme (Paras 20-21).
Issue of Consideration
Whether the death of the petitioners' father due to cardiac arrest can be classified as a Covid-19 death for compensation purposes.
Final Decision
The court allowed the writ petition and directed the respondents to sanction and disburse the monetary compensation of Rs.15,00,000 within four weeks, with interest for any delay.
Law Points
- Article 226
- Covid-19 compensation
- death certificate guidelines
- beneficial interpretation of statutes
