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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, S.M.MODAK
Sunita Bapu Jagtap – Appellant
Versus
Chairman, Maharashtra State Road Transport Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. msrtc employee deputed to best died of covid-pneumonia. (Para 1 , 4 , 5) |
| 2. dispute over rs.50l vs rs.5l ex-gratia eligibility. (Para 2 , 3) |
| 3. grs/circulars extend rs.50l ex-gratia to public undertaking covid deaths. (Para 6 , 7) |
| 4. precedents favor broad covid scheme interpretation. (Para 8) |
| 5. supervisors exposed to risk qualify despite not driving. (Para 9 , 10 , 11) |
| 6. petition allowed; rs.45l compensation ordered. (Para 12 , 13 , 14) |
JUDGMENT :
S.M.MODAK, J.
1. The issue involved in this Writ Petition is about entitlement of wife of deceased to claim compensation from the respondents on account of death of her husband. Bapu Jagtap was the employee of respondent No.1–Maharashtra State Road Transport Corporation Ltd. (“MSRTC Ltd.” for short, henceforth) and on relevant date, he was deputed at Wadala Depot of Brihanmumbai Electric Supply and Transport Undertaking (“BEST” for short, henceforth). He died on 7th April 2021 at Sub-district Hospital, Yevala, District : Nashik on account of COVID-pneumonia. The petitioner being the wife claimed compensation from MSRTC Ltd. However, it was rejected and communicated through letters dated 21st January 2022, 5th March 2022 and
Benevolent COVID-19 ex-gratia schemes for essential duty employees extend to supervisory staff exposed to equivalent infection risks as frontline workers; narrow literal interpretation rejected.
State-sponsored benevolent insurance schemes for COVID-19 related deaths of public employees are to be interpreted broadly and purposively to include all support staff whose duties exposed them to in....
In peculiar facts, court directed ex-gratia Covid compensation to family of frontline municipal employee bypassing further scrutiny of technical procedural lapses like private hospital admission and ....
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....
COVID-19 policy covers traffic controllers in public contact; cut-off date means infection before 30/9/2020, not death; state extensions binding on corporations, entitling family to compensation.
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and....
Only one claim petition is maintainable per cause of action under the Employee’s Compensation Act, preventing subsequent claims by other dependents once a settlement has been reached.
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.
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
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