Private Doctors Who Worked During Pandemic & Died Of COVID Eligible Under PM Insurance Scheme : Supreme Court

The Supreme Court on Thursday held that the families of doctors who died while doing their duties during the Covid-19 pandemic are entitled to the Central Government's insurance coverage scheme "Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19", even if they were not formally requisitioned by the Government. A bench of Justice PS Narasimha and Justice R Mahadevan set aside the Bombay High Court's judgment, which held that private doctors are not entitled to the Government's insurance scheme."There was a requisition of doctors as a matter of principle and as per the declaration under the law. Whether a particular doctor was functioning or not is left to be determined on the basis of evidence. Doctors who sacrificed during COVID period cannot be told, their families cannot be told that compensation won't be available. High Court's judgment is set aside to this extent," Justice Narasimha said during the pronouncement of the verdict.The Court highlighted the the unprecedented nature of the COVID-19 pandemic, the high number of doctor deaths recorded by the Indian Medical Association, and the strain placed on the healthcare system."The onset of COVID-19 pandemic at the dawn of 2020 was unprecedented in its global sweep and consequence. Not since the 1918 influenza pandemic, an event coeval with the first world war, had a single infectious disease inflicted such widespread crisis on human civilisation. The global death toll rising to millions, as revealed in the World Health Organisation's data, presents a tragic picture of this disruption. While COVID-19 pandemic exposed an acute systemic fragility within the global healthcare sector, highlighted lack of preparedness and strained the capacity of health professionals, our doctors and health professionals rose as unwavering heroes, turning challenges into courage. Indian Medical Association's COVID-19 registry records 748 doctors' deaths in the first wave and hundreds more in subsequent waves; one estimate noted around 798 doctors lost during the second wave alone", the Court recorded.In the absence of prescribed procedure to requisition doctors, the Bombay High Court had drawn a distinction between specific requisitioning/drafting of services and directing private practitioners not to keep their clinic closed. However, the Supreme Court rejected this view, hold that there was requisition of doctors which could be inferred from the Epidemic Diseases Act, 1897 and executive action."There is a requisition of services of doctors, and this is evident from the conjoint reading of provisions of the Act, the Maharashtra Prevention and Containment of Covid-19 Regulations 2020, the NMMC Order dated 31.03.2020, PMGKY-Package Scheme, explanatory communication to the PMGKY policy, and the FAQs released", the Court held.Background The case concerns the Central Government's insurance scheme Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 (PMGKP), which was announced to provide insurance cover to health workers who died due to COVID-19 while serving during the pandemic. The lead petitioner is the widow of one Dr. B.S. Surgade, an Ayurvedic practitioner who died of COVID-19 in June 2020. She sought ₹50 lakh compensation under the scheme. The New India Assurance Company rejected her claim on the ground that Dr. Surgade was carrying out private practice and had not been requisitioned by the Navi Mumbai Municipal Corporation for COVID-19 duty. On March 9, 2021, the Bombay High Court upheld this stand. It held that the scheme applied only to health workers whose services were “requisitioned or drafted” by government authorities for COVID-19 duties. The High Court said there was no evidence that Dr. Surgade had been requisitioned under the scheme and noted that the petitioner had not challenged the constitutionality of the scheme but only sought her husband's inclusion under it. On October 29, 2021, the Supreme Court issued notice in the special leave petition filed by Dr. Surgade's widow and other similarly placed petitioners. Several other doctors and families of deceased medical professionals joined the proceedings. The Supreme Court observed that the matter raised issues of “significant public importance” because it dealt with the government's assurance of insurance cover for health professionals who served during the pandemic. During the hearing on October 28, 2025, the Court examined whether doctors who continued to treat patients during the pandemic but were not formally placed on government duty could be considered eligible under the scheme. Justice Narasimha stressed the contribution of medical professionals and said, “Society will not forgive us if we don't take care of our doctors.” The Court said it would not decide individual claims but would set out broad principles for implementation. The Court while reserving judgment...

Private Doctors Who Worked During Pandemic & Died Of COVID Eligible Under PM Insurance Scheme : Supreme Court

Amisha Shrivastava

Families of doctors who sacrificed during Covid period cannot be told there is no compensation, the Court said.

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