COVID Death Compensation - Child Losing Both Parents To Get Ex-Gratia For Each Death : Supreme Court Clarifies

The Supreme Court on Monday clarified that if both the parents of a child have died due to COVID, the child will be entitled to get the ex-gratia compensation of Rs.50,000 for the death of each of the parent. "...in case both the parents have died, child/children would get Rs. 50,000 qua each death i.e. one for the deceased father and another for the deceased mother", the Court clarified.The Court further clarified that if there are more than one child, then only one child/family member will get the compensation with respect to the death."If there are more than one children, only one child/family member, as the case may be, shall get ex-gratia payment of Rs. 50,000", the Court added."In fact, our earlier order is very clear that the ex-gratia payment of Rs. 50,000 shall be qua each death", the Court further observed in the order.The Court had noted vide order dated 19.01.2022 that several children have lost their parents to COVID-19. It had asked the State Government to reach out to those children and pay the ex-gratia compensation. "It is reported that in the entire country and as per the information uploaded on Bal Swaraj Portal, uploaded by the concerned States, approximately 10,000 children have lost both their parents. Therefore, it will be very difficult for them to make an application/submit the claim for compensation. We direct the concerned States to reach to those children who have lost both their parents/surviving parents and whose particulars are already available/uploaded on the Bal Swaraj Portal so that the amount of compensation can be paid to them," the Court had ordered. Pursuant to the same, the State of Assam had filed an application seeking clarification as to whether each child of the deceased is to be provided ex-gratia payment in case there are more than one child. A Bench comprising Justices M.R. Shah and B.V. Nagarathna clarified that if both parents have lost their lives to COVID-19, then the children would get an ex-gratia payment of Rs. 50,000 for each deaths i.e. Rs. 1 lakh in total. In view of the clarifications so provided, the Bench noted in the order that - "Therefore, it is observed and clarified that if there are more than one children, only one child/family member, as the case may be, shall get ex-gratia payment of Rs. 50,000. It is further clarified that in case both the parents have died, child/children would get Rs. 50,000 qua each death i.e. one for the deceased father and another for the deceased mother. With these clarifications the present application stands disposed of."Also Read: Supreme Court Suggests CAG Inquiry Into Fake Claims For COVID Death Compensation [Case Title: Gaurav Bansal v. Union of India 2022 LiveLaw (SC) 70]Click Here To Read/Download Order

COVID Death Compensation - Child Losing Both Parents To Get Ex-Gratia For Each Death : Supreme Court Clarifies

Sohini Chowdhury

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