The court emphasized the necessity of concrete evidence such as COVID-19 test reports or death certificates to qualify for government compensation schemes.
In a landmark decision, the Allahabad High Court dismissed a petition challenging the rejection of an ex gratia compensation claim related to a COVID-19 death, underscoring the importance of substantial evidence to substantiate such claims. The bench, comprising Justices Ajit Kumar and Garima Prashad, ruled against petitioner Ajay Kumar, who sought compensation following the alleged COVID-19-related death of his wife.
The petitioner, represented by counsel Neeraj Shukla, argued that his wife, who was engaged in election duty as an Assistant Teacher, contracted COVID-19 and succumbed to the virus shortly thereafter. Despite the prevailing pandemic conditions, the court found that Kumar failed to provide concrete evidence, such as a positive COVID-19 test or a death certificate explicitly citing COVID-19 as the cause of death, which are prerequisites under the government order dated June 1, 2021.
The court detailed that the government's ex gratia compensation scheme necessitates clear documentation, such as the date of infection, a positive COVID-19 test report, and a certificate confirming COVID-19 as the cause of death. The petitioner's inability to furnish these documents led to the dismissal of the claim.
Counsel for the state, P.K. Shahi, defended the decision, asserting that the petitioner did not present any valid evidence indicating his wife was infected with COVID-19. The court concurred, highlighting that the medical report provided by the petitioner did not align with the criteria for COVID-19 compensation.
The judgment also referenced previous cases, including Kusum Lata Yadav v. State of U.P. and Sadhna Sahu v. Union of India, which involved clear evidence of COVID-19 infection and were deemed distinguishable from the present case due to the absence of such evidence.
In conclusion, the court reaffirmed that while government schemes are intended to be beneficial, claims must be substantiated with appropriate documentation. The dismissal serves as a precedent emphasizing the necessity of adhering to established guidelines when seeking compensation under COVID-19 welfare schemes.
Bottom Line:
Ex gratia compensation under the Government scheme for COVID-19 deaths requires clear evidence of COVID-19 infection or a COVID-19 death certificate. Claims made without such evidence are not admissible.
Statutory provision(s):
Article 226 of the Constitution of India, Government Order dated 1st June 2021.
Ajay Kumar v. State Of U.P., (Allahabad)(DB) : Law Finder Doc id # 2870973
