An insurance claim filed within the prescribed period cannot be rejected on grounds of procedural deficiencies or document defects if the authority failed to inform the claimant of such requirements to allow for rectification.

JUDGMENT :

P. V. Balakrishnan, J.

The petitioners are the legal heirs of one late Dr.Abdul Manaf who died on 03.06.2021, due to Covid-19 related issues. The deceased had developed Covid-19 infection during his duty period when he was employed in Moulana Hospital, Perinthalmanna, as a full time general Dental Surgeon. Respondents 3 and 5 has also confirmed the afore fact as per Exts.P3 and P4.

2. The 1^st respondent - Ministry of Health and Family Welfare, had issued Ext.P6 order dated 28.03.2020, under the Pradhan Manthri Garib Kalyan Package, an insurance scheme for health workers fighting Covid-19, giving a coverage of Rs.50 lakhs for each healthcare providers, who are fighting Covid- 19 pandemic. As per Ext.P8 letter issued by the 1^st respondent, it was also clarified that private hospital staff / retired / volunteer / local urban bodies/contract/ daily wage / adhoc/ outsourced staff requisitioned by States / Central Hospitals / autonomous hospitals of Central / States / UTs / AIIMs and INIs /Hospital of Central Ministries can also be drafted for Covid -19 related responsibilities and that all those cases are covered under the scheme. Accordingly, the petitioners submitted Exts.P9 to P13 claim forms before the 7^th respondent seeking compensation under Ext.P6 scheme. While so, the 1^st respondent by order dated Ext.P14 extended the time to file the claim forms with the 7^th respondent, till 31.07.2023. The 6^th respondent also recommended the claim of the petitioners as per Exts.P15 and P16 to the 2^nd respondent. Similarly, the 3^rd respondent also recommended for payment of compensation as per Exts.P17 and P18 to the 2^nd respondent. It is the grievance of the petitioners that even though all these happened, the claim of the petitioners was never considered and no orders have been passed on the claim applications.

3. Heard Smt.Smitha Babu, learned counsel for the petitioners, Smt.M.Santhy, the learned Central Government Counsel appearing for the 1^st respondent, Shri.M.Ajay, the learned Standing Counsel appearing for the 2^nd and 3^rd respondents, Sri. George A. Cherian, the learned counsel appearing for the 7^th respondent and the learned Government Pleader for respondents 4 to 6.

4. The learned counsel appearing for the petitioners reiterated the contentions in the writ petition and submitted that even though the petitioners are lawfully entitled to the compensation as prescribed in Ext.P6 scheme, the same has not been approved by the 1^st respondent. She argued that the claim applications, along with all necessary documents were filed before the 7^th respondent in time and if there is delay from the part of the 7^th respondent to forward the same to the 1^st respondent, the petitioners cannot be faulted with.

5. The learned counsel appearing for the 1^st respondent submitted that the claim forms of the petitioners have been received by the 1^st respondent, through the 7^th respondent on 12.06.2024 and that those applications were incomplete due to non-production of relevant documents. She further submitted that the scheme had expired on 15.10.2022 and the last date of submission of claim was 31.07.2023. She also submitted that no documents can be received after the afore cut off date and hence, the claim of the petitioners were not granted.

6. The learned counsel for the 7^th respondent submitted that the claim form submitted by the petitioners were forwarded to the 1^st respondent, as per Ext.R7(a) request dated 29.04.2024 made by the 1^st respondent and that they were forwarded as per serial No.92 in Ext.R7(b), on 11.06.2024.

7. The learned counsel for the 2^nd and 3^rd respondents submitted that th