COVID-19 deaths: Order regarding ex-gratia payment “very clear”, says SC

The Supreme Court Monday said its earlier order regarding ex-gratia of Rs 50,000 to the family members of those who lost their lives due to COVID-19 is “very clear” and the payment is to be made for each death. The apex court said this while dealing with an application filed by the Assam which had sought a clarification whether each of the children of the deceased parents would be provided ex-gratia payment of Rs 50,000, in case there is more than one child. “In fact, our earlier order is very clear and the ex-gratia payment of Rs 50,000 shall be qua each death,” a bench of Justices M R Shah and B V Nagarathna said.

“Therefore, it is observed and clarified that if there is more than one child, only one child/family member, as the case may be, shall get ex-gratia payment of Rs 50,000,” it said.

The top court observed that in case both the parents have died, the child shall get Rs 50,000 qua each death, that is one for the deceased father and another for the deceased mother.

In an effort to provide some help to over 10,000 children who have lost both their parents to COVID-19, the apex court had on January 19 directed all the state governments to reach out to those kids and pay them compensation.

During the hearing on Monday, the counsel appearing for Assam said they have filed an application seeking clarification on the issue as there are such families in the state where there are more than one children.

“Whether we are supposed to give it to both the children or should it be one ex-gratia payment made to the family,” the counsel said.

The bench observed that its order is very clear.

“It is per death Rs 50,000,” it said, while disposing of the application.

The issue had cropped up when the top court was hearing pleas filed by advocate Gaurav Bansal and some intervenors who have sought ex-gratia assistance to family members of COVID-19 victims.

While hearing the matter in January, the top court had taken note of the submissions that over 10,000 children have been orphaned due to COVID-19 and other reasons since the start of the pandemic and they be compensated.

It had said on October 4 last year that no state shall deny ex-gratia of Rs 50,000 to the next of kin of the deceased due to COVID-19 solely on the ground that the death certificate does not mention the virus as the cause of death.

The court had also said that the ex-gratia is to be disbursed within 30 days from the date of applying to the district disaster management authority or the district administration concerned along with the proof of the death of the deceased due to coronavirus and the cause of death being certified as died due to COVID-19.

The top court had said that its directions for payment of compensation to the family members of the persons who died due to COVID-19 are very clear and there was no requirement at all of constituting the scrutiny committee to award compensation.