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A  Supreme Court bench of Justices MR Shah and BV Nagarathna today issued a stern warning to State of Maharashtra for non-dispensation of ex-gratia payments to the kin of victims who died of COVID-19. The court has recorded in its order that a very strong view would be taken if they do not expeditiously dispense the payments to the claimants in one week.

The court has also expressed its displeasure over Kerala making just 548 ex-gratia payments despite recording many deaths due to COVID-19.  The court has in its order recorded that as a welfare State, it is the duty of the state to pay compensation/ex-gratia to persons who have suffered while directing the State to comply with the court’s earlier directions, the court further directed them to complete the process with respect remaining claimants and make actual payments in one week.

The court further took serious objection to the State of Rajasthan not furnishing the details of the total number of claims they have received. The court while directing the State to furnish details on the number of claims received, informed the State to finish the processes as and when the claim forms are received and make payments to the claimants in 1 week.

The court has also issued notice to the States of Chattisgarh, Delhi, Karnataka and Telangana and further directed these States to file a status report on the number of deaths due to COVID-19, the number of applications received seeking ex-gratia payments and the amounts disbursed for the same.

The Court further directed all the States that are presently on record to pay ex-gratia to the kin of the victims of COVID-19 whose details they already have as opposed to waiting for them to apply for the payment. The Court also asked the States to use the legal heirship certificates just to verify if a person is the kin of a victim and not to complicate the process.

The State also heard other States such as Andhra Pradesh, Assam, Bihar, Gujarat, Punjab, West Bengal, Goa and Tamil Nadu and directed these States to publicise about the ex-gratia payments being made in the same way Gujarat did and ensure that the payments are made to the claimants.

On the last date of hearing the court expressed their displeasure over Maharashtra clearing just 1600 plus claims ex-gratia monetary compensation to families of deceased who succumbed to Covid-19 despite receiving over 85000 applications.

Recently, the Court had said that the Gujarat Government has attempted to overreach its order while appointing a scrutiny Committee for allowing ex-gratia compensation to the families of persons who died of Covid-19.

The state of Gujarat had then filed a fresh affidavit in pursuance of the Court's order and a new simplified scheme was constituted for the process to claim compensation without any hassle, which the top Court bench of Justices MR Shah and BV Nagarathna had found to be satisfactory and in consonance with its earlier order.

Cause Title : Gaurav Kumar Bansal vs Union of India