COVID-19 Death Compensation : Supreme Court Dissatisfied With Poor Rate Of Disbrual In Maharashtra & Kerala

On Friday, the Supreme Court pulled up Maharashtra and Kerala for their poor progress in the disbursal of the ex-gratia compensation to the family members of all who have lost their lives to COVID-19. On perusal of the data collated by the Union Government, a bench comprising Justices M.R. Shah and BV Nagarathna were displeased with the rate of disbursal as compared to the applications received or the recorded deaths, particularly with respect to the States of Maharashtra and Kerala. The Bench noted that in Maharashtra, compensation has been paid to only 12,000 applicants out of 1 lakh 41 thousand applications. As far as Kerala was concerned, the bench noted that out of 40,000 registered deaths in the State of Kerala, only 528 claims have been approved.The bench was also dissatisfied with the rate of disbursal in other states as well. The Bench directed the States to complete the entire process and make payments within a period of one week. Apprised by Additional Solicitor General, Ms. Aishwarya Bhati about the high rates of death recorded in Chhattisgarh, Delhi and Karnataka, the Bench issued fresh notices to them. At the outset, Ms. Bhati handed over an affidavit wherein the Union of India had collated the data of 8 States as per the information provided by them; data for Rajasthan and Tamil Nadu was collated as per their affidavit on 15th Dec; date for the rest of the states were collated on the basis of their previous affidavits. Andhra Pradesh The Bench was not satisfied with the disbursal made by the State of Andhra Pradesh "What is this out of 36000 you have only awarded 11464."Advocate, Mr. Mahfooz A. Nazki appearing for the State of Andhra Pradesh informed the Court that initially the recorded deaths tolled to 24000, however there has been an increase in the number pursuant to the order of the Bench. "In fact earlier it was only 24000 recorded deaths, because of your lordships' order the claims are now more than recorded deaths…."The Bench was also disturbed that the State had not given wide publicity to the scheme, even after its repeated directions. Though Mr. Nazki submitted that he had provided information with respect to the newspaper reports, the Bench insisted that the advertisements as per the Gujarat model is to be published by the State.Mr. Nazki assured the Court that publication as per the Court's direction would be published on the next day. "They will be published…Tomorrow it would be published in the format that your lordships directed."Accordingly, the Bench dictated the order for the State of Andhra Pradesh as under - "Ms. Bhati, Ld ASG has placed on record the chart giving the particulars with respect to 10 states, namely, AP, Assam, Bihar, Gujarat, MP, Punjab, WB, Rajasthan and TN..so far as AP is concerned against 14471 deaths recorded, after the earlier order passed by this court the court has received approx. 36205. Against 36205 claims State has paid compensation to 11464 claimants only. It also does not appear that wide publicity is being given by the State as ordered earlier…We direct the state to complete the process and pay the amount of ex-gratia compensation to the remaining claimants within a period of one week from today. We also direct the State to give wide publicity by giving advertisements in local newspapers…also in vernacular language similar to that of Guj. Govt's advertisement, which shall contain full particulars…Wide publicity to be given within one week from today."Assam At the outset, the Bench enquired about the publicity given to the scheme by the State of Assam. "Where is the wide publicity given?"Advocate, Ms. Diksha Rai Goswami appearing for the State of Assam, submitted that though publicity had already been given, but Monday onwards the State would publish advertisement following the Gujarat format, as had been directed by the Court on earlier occasion. "In our affidavit dated 03.12.2021, we indicated the publicity we had given. Subsequent to your lordships' order we will publicise using the Gujarat model from Monday onwards we will circulate."Accordingly, the Bench passed its order - "Ld. Counsel appearing for State of Assam has assured the Court that the advertisements in the similar format as Guj. shall be published in the newspapers....in all the districts within a period of one week from today and the same shall be repeated. She has also stated …that wide publicity would be given w.r.t. the compensation of ex-gratia to be paid to the family members of those who died due to COVID 19. We also direct the state to complete the process and make payment within one week from receipt of such claims."Bihar Advocate, Mr. Abhinav Mukerji appearing for the State of Bihar informed the Court that it had given wide publicity to the scheme in all its 38 districts via vernacular as well as English newspapers. Additionally, the scheme has been published on AIR and FM...

COVID-19 Death Compensation : Supreme Court Dissatisfied With Poor Rate Of Disbrual In Maharashtra & Kerala

Sohini Chowdhury

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