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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ARUN R. PEDNEKER, VAISHALI PATIL-JADHAV
Machindra Maruti Gaikwad – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility for insurance under pm garib kalyan yojna (Para 2 , 3) |
| 2. rejection of claim due to lack of rtpcr evidence (Para 4 , 5) |
| 3. evidence of medical records to substantiate covid-19 claim (Para 10 , 11) |
| 4. judicial precedents supporting the claim despite technicalities (Para 12) |
| 5. quashing of collector's rejection order and directive for processing claim (Para 13) |
JUDGMENT :
1. Rule. Rule returnable forthwith. By consent of parties, heard finally.
2. By the present writ petition, the petitioner challenges the order dated 15.09.2022 passed by the respondent No. 3 – District Collector, Ahmednagar, rejecting the claim of the petitioner for being eligible to receive insurance amount of Rs.50,00,000/- under the scheme Prime Minister’s Garib Kalyan Yojna declared for the family members of corona warriors, doctors, health workers who died in Covid-19. The deceased was the wife of the petitioner and was working as a Nurse (ANM) since 1993 in Civil Hospital, Ahmednagar and she died on 5.5.2021 during covid period while performing her duty. The insurance claim is rejected by the Collector on the ground that the petitioner has not submitted the RTPCR report showing that the
Overwhelming medical evidence can establish COVID-19 infection for insurance claims, overriding a singular negative RTPCR result, emphasizing humane considerations in claim evaluation.
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
The court upheld that claims under the Pradhan Mantri Garib Kalyan Package necessitate strict compliance with eligibility and documentation requirements, failure of which results in dismissal.
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
The definition of health workers under welfare schemes must be interpreted broadly to include all staff in direct contact with patients during the COVID-19 pandemic.
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
The absence of a negative certificate does not preclude eligibility for relief under the Covid-19 relief scheme if the death is officially certified as due to Covid-19.
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