Delhi HC Directs Release Of Sum Of Exgratia Payment Under MCPASY Scheme To Kin Of Covid-19 Victim

The Delhi High Court directed the Sub-Divisional Magistrate for the immediate release of ex-gratia payment under the Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana (MCPASY) to the family of a COVID-19 victim.

The Court allowed a writ petition seeking directions for the release of compensation under the MCPASY scheme.

The Court noted that the Petitioner's husband, who contracted COVID-19, passed away after two months in the hospital due to COVID-19 complications, as confirmed by the cause of death certificate.

“The husband of the Petitioner herein had contracted COVID-19 and was admitted in the hospital on 25.04.2021 and his health condition did not improve thereafter and he passed away after two months in the hospital itself only due to COVID-19 complications, a fact which is evident from the medical certificate of the cause of death issued by the hospital”, the Bench of Justice Subramonium Prasad observed.

Senior Advocate Sunil Dalal appeared for the Petitioner and Additional Standing Counsel Satyakam appeared for the State.

The petitioner sought direction from the Court for the release of compensation entitled under the Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana (MCPASY). The Petitioner's husband, Vikash Jain, fell ill with a fever on April 19, 2021 and underwent medical tests, including a CT scan, revealing symptoms consistent with COVID-19. He was admitted to various hospitals but succumbed to the illness on June 19, 2021. Despite applying for compensation under the MCPASY scheme, the petitioner's case was not considered, prompting the petition to the court.

The Sub-Divisional Magistrate submitted a counter affidavit noting that the husband of the Petitioner died of cardiac arrest, according to the death summary. The MCPASY Scheme required either the deceased's name to be on the list of COVID-19 death cases provided by the Ministry of Home Affairs or the death to occur within one month of a positive RT PCR report certified by the Health Department. Since the Petitioner's husband tested positive on April 28 2021, beyond the one-month period, the Petitioner was deemed ineligible for MCPASY benefits.

The Court noted that the death summary from Eternal Hospital revealed that the Petitioner's husband contracted COVID-19 and was hospitalized until his death. The Bench emphasized that he suffered from COVID-19 and its aftereffects, leading to his demise. The fact that the immediate cause of death was listed as cardiac arrest does not negate the role of COVID-19 complications in his passing. The Court referred to the Supreme Court Judgment in the case of Gaurav Kumar Bansal v Union of India & Ors [W.P.(C) No.539/2021], and noted that the provision of ex-gratia assistance to the families of those who died due to COVID-19.

The Court noted that the Petitioner's husband contracted COVID-19 and was hospitalized from April 25 2021 until his demise two months later due to COVID-19 complications, as confirmed by the hospital's cause of death certificate. Consequently, the Sub-Divisional Magistrate was instructed to promptly release the ex-gratia payment under the MCPASY Scheme to the petitioner within two weeks.

Accordingly, the Court allowed the Writ Petition.

Cause Title: Nishu Jain v Govt Of Nct Of Delhi & Ors. (2024:DHC:958)

Appearance:

Petitioner(s): Senior Advocate Sunil Dalal, Advocates Harsh Khanna, Vivek Jain, Mahabir Singh, Nikhil Beniwal, Manisha Saroha, Aastha Tiwari, Tulasi Mukhi and Navish Bhati.

Respondent(s): Additional Standing Counsel Satyakam

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