Court Rules RTPCR Report Not Sole Determinant for Insurance Claims Under Pradhan Mantri Garib Kalyan Yojna
In a significant ruling, the Bombay High Court, Aurangabad Bench, comprising Justices Arun R. Pedneker and Vaishali Patil-Jadhav, has quashed the order of the District Collector, Ahmednagar, which had rejected an insurance claim under the Pradhan Mantri Garib Kalyan Yojna. The claim was filed by Machindra Maruti Gaikwad, whose wife, a nurse and Covid-19 warrior, succumbed to the virus during the pandemic.
The petitioner, Machindra Maruti Gaikwad, faced rejection of the Rs. 50,00,000 insurance claim on the grounds that the RTPCR report did not confirm his wife's Covid-19 positivity at the time of her demise. However, the court found overwhelming medical evidence that indicated her death was due to severe Covid-19 infection, which included a CT scan report and a cause of death certificate citing Covid-19 as a contributing factor.
The court emphasized the importance of a pragmatic approach, citing precedents from the Supreme Court and Madras High Court, which have ruled against strict adherence to technicalities like RTPCR reports when substantial medical evidence is available. The court held that the absence of a positive RTPCR report should not be the sole reason for denying insurance claims for Covid-19 warriors who died while performing their duties.
The court directed the Collector to forward the claim to the concerned authority and ruled that the claim must be decided within eight weeks, acknowledging the overwhelming evidence of the deceased's Covid-19 infection and affirming that she was indeed a Covid-19 warrior at the time of her death.
Bottom Line:
Claim under Pradhan Mantri Garib Kalyan Yojna for insurance cover to family of Covid-19 warriors cannot be rejected solely on the ground of absence of an RTPCR report showing Covid-19 positivity if overwhelming medical evidence indicates death due to Covid-19 infection.
Statutory provision(s): Pradhan Mantri Garib Kalyan Yojna
