Ex-Gratia For COVID Deaths : Madras High Court Asks TN Govt If It Wants To Pay Over Rs 50K Minimum

In a PIL pertaining to ex gratia assistance payable to the heirs of deceased persons due to Covid 19, Madras High Court has held that Rs 50,000/- as fixed by the Supreme Court is the minimum amount that must be paid out of State Disaster Response Fund (SDRF). The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu went on to note that nothing bars the respective states from augmenting this amount. While repeating that it's the prerogative of state government to increase the quantum of ex gratia assistance, the court has asked the State of Tamil Nadu to mention as to what extent they are willing to pay over and above Rs 50,000/- as mandated by Supreme Court. The bench has also directed the state to put in place a mechanism to deal with the grievances in terms of the Supreme Court Order on Ex Gratia Assistance in October and ensure that there is quick disposal of matters at all levels. The petitioner submitted that Supreme Court vide its judgment in Reepak Kansal v. Union of India LL 2021 SC 276 directed NDMA to issue fresh guidelines to deal with Ex Gratia Compensation for the next of kin of Covid Victims. Later, the Supreme Court, in its latest Order in Gaurav Kumar Bansal v. Union Of India LL 2021 SC 536 issued a slew of directions regarding ex gratia assistance, death certificates and grievance redressal after approving the guidelines framed by NDMA. The petitioner tried to put forward that the Reepak Kansal Judgment deferred from the 2020 Supreme Court Judgment in Centre For Public Interest Litigation v. Union of India without overturning it, whereby it was held that there was no requirement to issue fresh guidelines and the 2016 guidelines for minimum standards in existence prior to Covid 19 pandemic (Under Section 12 of National Disaster Management Act, 2005) was enough for all disasters. The petitioner, therefore, contended that the latest judgment of the Supreme Court in Reepak Kansal can only be considered as per incuriam. The petitioner, in abstract, requested the court to consider Revised list of items & norms of assistance from State Disaster Response Fund (SDRF)/ National Disaster Response Fund (NDRF), 2015 issued by the Ministry of Home Affairs as the extant norms for ex gratia compensation in Covid 19 deaths as well. As per the norms relied upon by the petitioner, ex gratia compensation for families of each deceased person would have been Rs 4 lakhs instead of Rs 50,000/-. Advocate General R Shanmuga Sundaram submitted that there have been 36, 620 deaths until yesterday in Tamil Nadu due to Covid 19. By virtue of the Supreme Court judgment, the state already has to give ex gratia assistance for 36620 families out of the State Disaster Response Funds(SDRF). After hearing the petitioner and Advocate General, the Chief Justice commented that it would be helpful for the families struck by Covid 19 if the amount could be augmented a bit. He also noted that ultimately it's a policy decision. After analysing the arguments of the petitioner, the court noted in its order as follows: "A needless controversy has been created by the petitioner in his overzealousness to present the case." The court took note of the petitioner's reliance on Centre for Public Interest Litigation v. Union of India, where it was observed that the previous guidelines already in place for compensation to be paid to victims who lost their lives to disasters was apt for Covid-19 victims as well."You must realise that when 10 people die, the amount that can be given as compensation is different as compared to a disaster where over 36,000 people have died. Giving four lakhs each in such instances is a huge amount", the Chief Justice replied to the petitioner's argument. The court took note of the state's reliance on Reepak Kansal judgment, a decision where two of the three judges (Justices Ashok Bhushan and MR Shah) in Centre For Public Interest Litigation was part of the Coram, wherein a slew of directions have been given for NDMA (Paragraph 95) to recommend guidelines for ex gratia assistance to families of Covid 19 victims, considering it as a peculiar and widespread disaster. NDMA was thereby asked to frame guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19 under Section 12(iii) of DMA 2005 for the minimum standards of relief. In the Reepak Kansal judgment, the Supreme Court had noted the variance in ex-gratia assistance paid by different states, like the State of Bihar paying Rs. 4 lacs, Karnataka paying Rs. 1 lac and Delhi paying Rs. 50,000/-. The Supreme had distinguished those financial assistances on the ground that they have been paid from Chief Minister Relief Fund or other relief funds as a policy decision, but not from SDRF. This was one of the reasons why the Supreme Court required NDMA to come up with uniform guidelines while...

Ex-Gratia For COVID Deaths : Madras High Court Asks TN Govt If It Wants To Pay Over Rs 50K Minimum

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Ex-Gratia For COVID Deaths : Madras High Court Asks TN Govt If It Wants To Pay Over Rs 50K Minimum

Sebin James

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