COVID-19 Ex-Gratia Compensation: Supreme Court Sets Outer Limit For Filing Claims

The Supreme Court, on Thursday, set out an outer limit of sixty days to file claims for ex-gratia compensation of deaths due to COVID-19 which had occurred prior to 20.03.2022. For future deaths, a period of 90 days from the death was determined to be proper to file a claim for compensation. "...we deem it appropriate to fix the outer limit of sixty days from today to file the claims for compensation in case the death occurred due to COVID-19 prior to 20.03.2022. For future deaths, ninety days' time is provided from the date of death due to COVID-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued."While determining timelines, a Bench comprising Justices M.R. Shah and B.V. Nagarathna made it clear that in exceptional circumstances, if the claimants are not able to claim compensation within the prescribed time, they can approach the Grievance Redressal Committee to make a claim, which would be considered by it on a case to case basis. If it finds that the claimant was unable to make the claim for no fault of theirs, the case may be considered on merit. "However it is clarified that in case of extreme hardship any claimant could not make an application within the time prescribed, it will be open for the claimant to approach the Grievance Redressal Committee and make the claim through Grievance Redressal Committee which shall be considered by the Grievance Redressal Committee on case to case basis and if it is found by the Grievance Redressal Committee that a particular claimant could not make the claim within the stipulated time which was beyond their control his/her case may be considered on merits." The Ministry of Health and Family Welfare and Ministry of Home Affairs, Union of India and all State Governments are directed to give adequate publicity through print and electronic media within a period of six weeks, so that the claimants are aware of the timelines so prescribed by the Apex Court. The order was passed in an application filed by the Central Government seeking an outer time-limit for submitting claims for COVID-19 death compensation and also seeking Court's indulgence in permitting a central agency to undertake a sample scrutiny to look into the allegations of fake claims. While making submissions on the last occasion, Solicitor General of India, Mr. Tushar Mehta had suggested that considering the number of COVID-19 has subsided, a period of 4 weeks could be fixed for making existing claims. It was the contention that if no time limit to file a claim is set out then there is a greater possibility of making fake claims. The Bench was of the view that four weeks were not sufficient, given the fact that the family making the claim would need some time to cope up with the death of their near and dear ones. Advocate, Mr. Gaurav Bansal, the Petitioner had submitted that there are rituals to be performed after a person dies and the same takes about 30 days time. Therefore, an outer limit of 90 days from death would be appropriate to file claims. The Bench agreed with the suggestion made, but stated that for the existing claims, the applications should be submitted within a period of 60 days from the date of the order of the Apex Court i.e. 24.03.2022.Also from the order - Making Fake COVID Death Compensation Claim Punishable Under Section 52 DMA; Supreme Court Allows Random Scrutiny Of 5% Claims In 4 States [Case Title: Guarav Kumar Bansal v. Union of India]Citation : 2022 LiveLaw (SC) 312Click here to read/download the order

COVID-19 Ex-Gratia Compensation: Supreme Court Sets Outer Limit For Filing Claims

Sohini Chowdhury

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