'File Suit For Damages' : Supreme Court Advises Man Seeking Compensation For Disability Allegedly Caused By Covid Vaccine

The Supreme Court today told a man, who was seeking medical cover by the Union government and Serum Institute of India for a physical disability developed allegedly after the administration of the Covishield vaccine, that filing a suit for damages would be a better option for him.

A bench of Justices BR Gavai and AG Masih heard the matter. Being of the view that a writ petition before the Court may take years, Justice Gavai suggested to the petitioner's counsel that a suit for damages can provide quicker relief.

"How can a writ petition be filed for this? File a suit for damages", remarked Justice Gavai at the outset of the hearing.

At this point, the petitioner's counsel submitted that two similar petitions are already pending before the Court, where notice has been issued by coordinate benches. He further informed that the petitioner has suffered from 100% lower limb disability.

This led the judge to comment that the Court can tag the petitioner's plea with the pending cases. However, a suit for damages, vis-a-vis a writ petition, would be to the benefit of the petitioner, as it can provide quicker relief. "If you keep the petition pending here, nothing will happen here for 10 years...you will only have a hope that the matter is pending here...atleast if you file a suit, you will get some quick relief...for 10 years, it (writ petition) will not see light of the day. Atleast if suit is filed, in 1 year, 2 years, 3 years, you will get some (amount/relief)...", said Justice Gavai.

Ultimately, the petitioner's counsel sought time to come back with instructions and the matter was adjourned.

Briefly put, the petitioner filed the present petition through AoR Purushottam Sharma Tripathi, seeking directions to the Government of India (Ministry of Health and Family Welfare) and Serum Institute of India (manufacturer of Covishield vaccine) to:

- Ensure that he is able to live with dignity as a physically disabled person after being administered the first dose of the vaccine;

- Reimburse the medical expenses incurred by him and take responsibility for his future treatment expenses;

- Grant compensation to him for his physical disability, if the same is found to be untreatable.

Besides the above, he seeks appropriate guidelines for effective resolution of Adverse Effects Following Immunization (AEFI) with specific reference to Covid vaccination undertaken in India, wherein the standard protocols for vaccination and pre-vaccination stages were not followed.

In support of the prayers, the petitioner relies on principles of parens patriae, absolute liability and restitutio in integrum and the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India.

Case Title: PRAVEEN KUMAR Versus UNION OF INDIA AND ORS., W.P.(C) No. 263/2025