Covid-19: SC Reserves Order On Plea By Centre Over Time For Settlement Of Ex-gratia Claims
New Delhi, March 21 : The Supreme Court on Monday reserved its orders on an application filed by the Central government, seeking a time-limit for submitting claims for ex-gratia payment from authorities on the issue of death of kin due to Covid-19. A Bench of the Apex Court, headed by Justice MR Shah and also comprising Justice BV Nagarathna, reserved the order, after hearing a petition filed by lawyer-cum-petitioner Gaurav Kumar Bansal, seeking an ex-idgratia compensation for those family members, who died due to the Covid-19 pandemic. The top court of the country indicated that it will set a time-limit of 60 days from now for past deaths and 90 days for future deaths for claiming compensation. Solicitor General Tushar Mehta, senior law officer representing the Central government, stated that he was seeking modification of June 30, 2021 order passed by the Bench. The SG further pointed out that suggestions were made in the said Intervention Application (IA) to the effect that the Centre (through the MoHFW), along with the help of state governments, can conduct a sample survey to determine the extent of fake ex-gratia Covid-19 compensation claims. Suggestions were also made by the SG, with regard to laying down a fixed limitation period for applying for ex-gratia Covid-19 compensation by the next of kin/families of such persons, who have succumbed to the pandemic. He submitted that a period of four weeks from today shall be fixed by the court for all existing eligible persons and for any future claims. The Bench opined that four weeks is way too short a time-period for submitting applications as the families of the deceased would be distressed due to the loss of family members.
The Court further stated that insofar as the aspect of fake ex-gratia Covid-19 compensation claims is concerned, the States where there is disparity in the ratio of number of claims and the number of recorded deaths, i.e., the number of applications for ex-gratia compensation is substantially more than the number of deaths recorded – those States should be considered at the outset. The Bench pointed out that four states for the purpose of carrying out a sample survey – Andhra Pradesh, Maharashtra, Gujarat and Kerala. The Solicitor agreed to the same and stated that the MOHFW is focussing on these States at the threshold. Thereafter, the Bench pointed out that the NDMA should be conducting the exercise of determining the extent of fake ex-gratia Covid-19 compensation claims, since it has been vested with powers under the Disaster Management Act, 2005.
The petitioner submitted that the Bench should consider prescribing a time-limit of at least 90 days for the purpose of applying for ex-gratia compensation. Lastly, the Bench while reserving orders, indicated they would take into account all the suggestions made by the parties and pass an order, wherein they would direct the concerned states to furnish details of all the claims, which have been settled. The Bench further indicated that a period of 60 days would be given to all such persons, who are eligible as on date to apply for the ex-gratia compensation and a period of 90 days shall be given to the new claimants.
with agency inputs
