The Delhi High Court on Friday issued notice to the Central Government and the National Disaster Management Authority (NDMA) on a petition filed by a widow, seeking Ex-Gratia monetary compensation, on account of death of her husband due to Covid-19.
A Single Judge Bench of Justice Rekha Palli listed the matter for November 18 and remarked, “Let’s see if the policy is clearer by the next time.”
The petition was filed and argued by Advocate Anand along with Advocate Anuj Chauhan. It said on April 8, 2021, Hari Singh Duglas, petitioner’s husband, started feeling unwell. He complained of having Cough, Fever, Difficulty in Breathing and Vomiting. Subsequently, on the same day, he was admitted to Gandhi Hospital, Om Vihar, Uttam Nagar, New Delhi.
The petition averred that Hari tested positive for Covid-19 and was provided with symptomatic treatment, however, Covid-19 had severely affected the respiratory system of the deceased. On May 10, 2021, at about 3 p.m., Hari Singh succumbed to Covid-19, as result of Respiratory Failure induced by pneumonia.
The petition placed reliance on W.P (C): 554/2021Reepak Kansal v. Union of India & Ors, where a Division Bench of Justice M.R. Shah and Justice Ashok Bhushan had given the following direction to NDMA:
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“We direct the National Disaster Management Authority to recommend guidelines for ex-gratia assistance on account of loss of life to the family members of persons who died due to Covid-19, as mandated under Section 12 (iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster – Covid-19 pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19.
“However, what reasonable amount to be offered towards ex-gratia assistance is left to the wisdom of National Authority, which may consider determining the amount taking into consideration the observations made here in above, such as, the requirement/availability of fund under the NDRF/SDRF for other reliefs and the priorities determined by the National Authority/Union Government and the fund required for other minimum standards of relief and fund required for prevention, preparedness, mitigation and recovery and other reliefs to carry out the obligation under DMA 2005. The aforesaid exercise and appropriate guidelines be recommended, as directed here in above, within a period of six weeks from today,”
-it had added.