Consider humanness over technicalities: Madras HC orders Govt to compensate kin of doctor who died due to COVID
Madurai: Holding that the authorities must not stick to technicalities and the claim must be considered with humanness, the Madras High Court directed the State and Union Government to consider claim that was earlier rejected due to lack of RT PCR test result and provide compensation to the wife of a doctor who died due to COVID.
The court was hearing the petition filed by the wife of a private doctor who passed away due to COVID. The petitioner approached the court seeking to provide compensation of Rs 50 lakh under the Pradhan Mantri Garib Kalyan Package Insurance (PMGKP) Scheme for health workers fighting Covid-19.
The petitioner submitted that her husband, who was also treating COVID-19 patients, started feeling the symptoms of COVID and suffered from breathing problems. He was immediately rushed to a private hospital at Trichirappalli where he was tested COVID positive. After being treated at the private hospital for long, the doctor was taken to the Mahatma Gandhi Memorial Government Hospital at Tiruchirappalli for further treatment. However, he could not be saved and subsequently passed away in August 2020.
The petitioner, who was completely dependent upon the income of her husband, approached the concerned authorities seeking for the insurance coverage provided by the government under the said scheme. The petitioner started making representations to the concerned authorities in this regard.
A representation was made to the Joint Director of Health Services, on 16.09.2020 along with a claim form. Through a letter, Health Service authorities directed the petitioner to produce certain documents. One of the documents that was sought was the R.T.P.C.R. (Reverse Transcription Polymerase Chain Reaction) Test result.
Unfortunately, the petitioner was not in possession of the RT PCR test result since her husband was directly subjected to 'CT-Chest COVID Screening Test' by the private hospital. Resultantly, the petitioner submitted all the relevant documents except the RT PCR Test result.
However, the petitioner submitted that the authorities did not processed the claim form solely on the ground that the RT PCR Test result was not submitted. Aggrieved by the same, the present writ petition has been filed before this Court seeking appropriate directions.
The learned Assistant Solicitor General appearing on behalf of the Secretary to Government of India, Department of Health and Family Welfare informed the court that the authorities will immediately take a decision in accordance with the Scheme.
Deliberating the matter, Justice N Anand Venkatesh observed,
"The entire world and particularly India, is facing an unprecedented situation due to the untimely attack of the Covid-19. It is the doctors and the frontline workers who in spite of knowing about the risk involved through exposure to this virus are selflessly and tirelessly working to save the lives of millions of citizens of this country. If not for the selfless services rendered by the doctors, a major population of this country would have been wiped out due to the deadly Covid-19."
The court remarked that since the deceased COVID warrior started feeling uneasiness and was facing breathing problems, the private hospital had to necessarily subject him to the 'CT Chest COVID Screening Test' to immediately find out the level of viral infection as time cannot be wasted by merely taking an RT PCR Test, adding that these are decisions taken by professionals considering the gravity of the situation. It noted,
" It is very clear from the 'CT-Chest COVID Screening Test' that the husband of the petitioner was afflicted with COVID-19. When such a clinching document is available, there is no requirement for insisting on the RTPCR Test result. In cases of this nature, the Authorities must not stick to technicalities and the claim must be considered with more humanness with the available documents which clearly substantiates the fact that the husband of the petitioner was suffering from COVID-19."
Subsequently, the court directed the authorities to consider the claim made by the petitioner under the "Pradhan Mantri Garib Package Insurance Scheme for Health Workers Fighting COVID-19" and take a decision on providing the insurance coverage within a period of four weeks.
Click on the link below, to view the official order:
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