Overwhelming medical evidence can establish COVID-19 infection for insurance claims, overriding a singular negative RTPCR result, emphasizing humane considerations in claim evaluation.

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, wife of the petitioner was working as Arogya Sevika at sub-centre Mulanagar which falls under Primary Health Centre, Bargaon Nandur. The deceased was appointed as Arogya Sevika on 31.3.2021 at Covid Care Centre, Mahatma Phule Agricultural University, Rahuri, Ahmednagar. The duty of the deceased was to check the temperature, oxygen level and provide necessary medicines to the covid positive patients. It is stated that the wife of the petitioner tested positive for Covid-19 on 30.4.2021 and passed away on 5.5.2021 because of infection of Covid-19. Thereafter the petitioner applied under Pradhan Mantri Garib Kalyan Yojna which declared an insurance cover of Rs.50,00,000/- to the family of corona warriors, on the death of such corona warrior/worker. The petitioner made various representations to the concerned authority under the above scheme, however, the benefit was not extended to the petitioner. Thus, the petitioner filed Writ Petition No. 14450/2021 before this Court, wherein direction was issued to respondent No. 3 - Collector to decide the claim of the petitioner within four months. Thereafter, the respondent No. 3 – Collector decided the representation of the petitioner and vide impugned order dated 15.9.2022 rejected the claim of the petitioner. As such the present writ petition is filed.

4. Mr. R.A. Tambe holding for Mr. S.R. Wakale, learned counsel for the petitioner submits that the claim of the petitioner is rejected on the ground that the petitioner has not produced the covid positive certificate of the deceased showing that the deceased was suffering from covid at the time of her demise and also the available RTPCR report of the deceased/wife of the petitioner showed that she was covid negative.

5. The learned counsel has taken us through the record produced along with his application to the Collector and submits that undisputedly wife of the petitioner was working as Arogya Sevika from 1993 and her appointment letter is on record. There is also certificate dated 12.7.2021 issued by the concerned Taluka Health Officer, certifying that the wife of the petitioner was working as Arogya Sevika at Primary Health Centre at Bargaon Nandur under sub-center Mulanagar and she died due to covid-19 infection in a Government Hospital, Ahmednagar. The work of the deceased included attending the covid patient etc. Her appointment letter dated 30.3.2021 shows that she was appoin