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A Supreme Court Bench of Justices MR Shah and AS Bopanna has approved the centre’s proposal that the next of kin of the people who died of COVID-19 shall be paid an amount of Rs 50,000, over and above the amounts paid by centre and state under various benevolent schemes.

On June 30, the Supreme Court had issued directions to the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19 and determine the amount of compensation payable thereto.

The Central Government had thus filed an affidavit proposing Rs 50,000 as ex-gratia compensation for kin of covid deceased. The Centre had stated that the amount has to be distributed by states from the State Disaster Response Fund. 

While approving the Centre's proposal, the court also held that the benefit should not be denied to the kin merely on the ground that the death certificate does not mention COVID-19 as the cause of death.

The order also covers persons who died at home owing to COVID-19 under its ambit, while holding that the authorities cannot deny this benefit if the family members of the deceased satisfy them that the person has died due to the pandemic.

It is further ordered that the compensation must be given out within 30 days of the submission of application and cause of death being certified as COVID-19.

Additionally, the Court has ordered that full particulars and address of the District Disaster Management Authority/District Administration who is required to disburse the ex-gratia assistance shall be published in the Print Media and Electronic Media within one week from today. 

The order further adds that that no States shall deny the ex-gratia assistance of Rs.50,000/- to the next of the kin of the deceased solely on the ground that in the death certificate issued by the appropriate authority, the cause of death is not mentioned as “Died due to Covid-19”.

It has been clarified that as per the Guidelines, the ex-gratia assistance to the families affected by Covid-19 deaths shall continue to be provided for deaths that may occur in future phases of Covid-19 as well.

"..a family member of the deceased who committed suicide within 30 days from being diagnosed as Covid-19 positive shall also be entitled to avail the financial help/ex-gratia assistance of Rs. 50,000/- as granted under the SDRF in accordance with the guidelines dated 11.09.2021 issued by the NDMA under Section 12(iii) of DMA, 2005...", the Order adds.

These directions have been issued in a plea seeking ex-gratia monetary compensation of Rs. 4 lacs or notified ex-gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19 in view of  Section 12 of The Disaster Management Act, 2005. 

Cause Title: Gaurav Kumar Bansal v. UOI

Click here to access a copy of the Order.