COVID Death Must Be Backed By Test Report Or Certificate For Seeking Compensation: Allahabad High Court
The Allahabad High Court has held that for seeking compensation due to death COVID-19, it is necessary to produce the test reports which prove that the deceased had COVID-19 or a death certificate which records that the deceased died due to COVID-19 infection.
While rejecting a claim for compensation for death due to COVID-19 allegedly contracted while on election duty, the bench of Justice Ajit Kumar and Justice Garima Prashad held that for award of compensation, “A claimant must establish a case of covid infection qua the victim by placing test reports or must have a covid death certificate to rely upon.”
Petitioner's wife was working as an Assistant Teacher and was on election duty in April 2021, when she is alleged to have contracted COVID-19 and ultimately passed away. Petitioner sought ex gracia compensation for his wife dying of covid- 19 but the same was rejected by the District Magistrate, Firozabad.
Petitioner approached the High Court against the rejection order by relying on a chest report of his wife which showed abnormalities. It was pleaded that since COVID-19 was prevalent during that time, his wife died of COVID-19. It was also argued that positive RTPCR report or Antigen report was not necessary and if the death took place within 30 days of contracting the infection, the compensation ought to be disbursed.
The Court noted that under the scheme for payment of compensation, clause 9 mandates 3 documents be placed for compensation: “grade of infection of Covid 19, test report regarding positive Covid 19 and date of death of a person due to covid 19.”
The Court observed that where the patient dies within 30 days of contracting COVID-19 then all such reports may not be necessary. If a person carried a death certificate stating death due to COVID-19, then in absence of the test report, compensation can be granted.
The Court observed that the petitioner had placed no document to show that his wife died of COVID-19. Accordingly, the writ petition was dismissed.
Case Title: Ajay Kumar v. State Of U.P. And 3 Others