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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Susheela W/o Rajesh Kumar – Appellant
Versus
The Union Of India – Respondent
S.B. Civil Writ Petition No. 6106 of 2022
Decided on : 29-09-2023
ACCIDENT - Compensation Claim under Pradhan Mantri Garib Kalyan Package Scheme - F.No.Z-18016/1/2020/PMGKPNHM II - Summary of the Scheme and its applicability to the case
Fact of the Case:
The petitioner's husband, a nursing officer, died due to a heart attack while on duty in the ICU treating Covid-19 patients. The claim for compensation under the Pradhan Mantri Garib Kalyan Package Scheme was rejected by the authorities, leading to the filing of the writ petition.
Finding of the Court:
The Court found that the petitioner's husband's death occurred while discharging Covid-19 related duties, making the petitioner eligible for compensation under the Scheme. The Court directed the authorities to consider the petitioner's application and release the claim amount within three months.
Issues: The main issue was whether the petitioner's husband's death qualified for compensation under the Pradhan Mantri Garib Kalyan Package Scheme.
Ratio Decidendi: The Court interpreted the Scheme and its applicability to the case, emphasizing the intention of providing financial assistance to health workers who lost their lives on account of Covid-19 related duties. The Court considered the extreme risk and trauma faced by health workers during the pandemic, widening the definition of 'accident' to encompass the circumstances of the petitioner's husband's death.
Final Decision: The petition was allowed, and the authorities were directed to consider the petitioner's application and release the claim amount within three months, acknowledging her eligibility for accidental cover for health workers discharging duty of treating Covid-19 patients.
JUDGMENT :
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(a) The record of the case may kindly be called for;
(b) By appropriate writ, order or direction, the order dated 24.01.2022 (Annexure-9) may be quashed and set aside.
(c) By appropriate writ, order or direction, the respondents may be directed to release the compensation amount to Rs.50 Lakhs under the P.M.G.K.Y. Scheme in the name of the petitioner.
(d) Any other order or direction which the Hon’ble Court feels appropriate in favour of the petitioner in light of justice, equity and good conscience may also be passed.
(e) Cost of the petition may kindly be awarded to the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner’s husband, Late Shri Rajesh Kumar Mali, was a nursing officer engaged on contractual basis through M/s. Bedi and Bedi Associates in rendering duty in Intensive Care Unit (ICU) of Covid patients at All India Institute of Medical Sciences (AIIMS), Jodhpur w.e.f. 13.12.2016; and thus being in such engagement, he used to come in direct contact with the Covid-19 patients, whereafter he died due to heart attack, on 06.04.2021; and the Death Certificate dated 23.04.2021 was issued by the AIIMS, Jodhpur and the death summary of the deceased was prepared on 17.05.2021 by the AIIMS, Jodhpur.
2.1. The Ministry of Health & Family Welfare, Government of India, New Delhi, issued D.O. No.F.No.Z-18016/1/2020/PMGKPNHM II dated 03.04.2020, and in accordance with the same, the authorities concerned were requested to inform all such health care providers through various mediums like SMS, WhatsApp, email etc., about their inclusion under “Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Heath Workers Fighting Covid-19; in the said communication, two types of claims were specified, namely, (a) The Claim Form -I (Personal Accident Insurance Claim Form for loss of life due to COVID 19); and (b) Form-II (Personal Accident Insurance Claim Form for accidental loss of life on account of COVID-19 related duty).
2.2. The present petitioner, wife of the deceased, filed a claim for the purpose of compensation to the tune of Rs. 50 Lakhs under the said Scheme. The Director, Medical and Health Services, Government of Rajasthan vide order dated 24.01.2022 rejected the claim of the petitioner, while stating that the documents submitted by the petitioner do not prove that the death of her husband was caused due to Covid-19 related duty or accidental death.
3. Learned counsel for the petitioner submitted that the deceased-husband of the petitioner was discharging his duties, as per the roster assigned for nursing officers by the AIIMS, Jodhpur for month of March-April 2021, and he discharged such duties till the date of his death i.e. 06.04.2021, and death certificate of the petitioner’s husband also fortifies his working status on date of death i.e. 06.04.2021.
3.1. Learned counsel further submitted that the Chief Medical & Health Officer in its letter dated 28.09.2021 clearly stated that at the time of the death, the petitioner’s husband was with AIIMS, Jodhpur, and at that time, the petitioner’s husband suddenly complained that he was not well, whereupon he was admitted in the ICU at AIIMS, where he took his last breath on 06.04.2021. Therefore, as per learned counsel, it is clear that the petitioner is entitled for the compensation, as claimed by her, under the Scheme in question.
3.2. Learned counsel also submitted that the Government of India announced 1.7 Crore relief package under the Scheme in question to extend financial help to the poor person(s) to enable them to fight the battle against Covid-19. It was further submitted that in the present case, the husband (deceased) of the petitioner was a nursing officer in AIIMS, Jodhpur and discharged his duties,
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.
Private practice of hospital not entitled for compensation under the Mantri Garib Kalyan Package
Welfare schemes must be interpreted broadly to fulfill their intended purpose of providing relief to beneficiaries, especially in the context of social welfare legislation.
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 court affirmed that requisitioning of medical professionals' services under the Epidemic Diseases Act during COVID-19 is essential for claiming benefits under the Pradhan Mantri Garib Kalyan Yoja....
Insured is not entitled to compensation when on facts it is proved that he was intoxicated and that his death was due to intoxication.
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