"Can't make general presumption of negligence", Supreme Court refuses to hear plea seeking compensation to for Covid-19 deaths due to shortage of oxygen, etc

  • Gautam Mishra
  • 02:19 PM, 08 Sep 2021

The Supreme Court today asked a petitioner seeking compensation to the families of people who died due to Covid-19 due to the alleged shortage of oxyygen or other medical amenities, to approach the government. 

A bench of Justice DY Chandrachud, Justice Vikram Nath and Justice Hima Kohli noted that a common presumption cannot be made that the deaths that occurred during the second wave of the Covid-19 were due to negligence.

The bench was hearing a PIL filed by Deepak Raj Singh through Adv. P Sriram, also sought directions for action against the authorities for the negligence.

The bench noted that the impact of the second wave was across the country and it cannot be presumed that all the deaths during the second wave of Covid were due to medical negligence only.

The court further said that the Government is yet to come up with a policy in this regard and suggested the counsel to approach the Government with their suggestions.

"The National Task Force has been set up by the Apex Court to look into several aspects of this  and we have also taken suo-motu cognizance over the preparedness for Covid-19", the bench added.

Noting this the bench disposed of the petition while allowing the petitioner to withdraw the PIL.

Case Title: Deepak Raj Singh Vs. Union of India & Ors.