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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
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 deceased, wife of the petitioner was covid positive at the time of her demise and the available RTPCR report indicated that the deceased was covid negative.
3. Brief facts leading to the institution of the present writ petition are noted as under :-
The wife of the petitioner – Manda Machindra Gaikwad was working as a Nurse (ANM) in Civil Hospital, Ahmednagar since 1993. The deceased, w
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.
A deceased government employee who succumbed to COVID-19 while on duty should be recognized as a Covid-19 Warrior under the government's guidelines, and the rejection of entitlement based on contradi....
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