- The argument that the cause of death is cardiac arrest or any other reason is not acceptable: Court
- Any organ of a person infected with corona can be affected and he can die: Court
- Whatever be the cause of death of corona victims, relatives will have to pay compensation: Court
Court on Corona: The Allahabad High Court has said that if a person is admitted to the hospital as a patient of Kovid-19, his death is due to heart failure or due to any other reason, this death will be treated as death due to Kovid-19 and The government will have to pay compensation to the families of the deceased. Allowing the writ petition filed by Kusum Lata Yadav and several others, a division bench of Justice AR Masoodi and Justice Vikram D Chauhan directed the state authorities to pay the ex-gratia amount within a month to the families of dependents of those who died of COVID-19. and in case of failure to make payment along with interest at the rate of nine per cent.
‘Any part of a person suffering from corona can be affected’
The court said, ‘We find that the death due to Kovid-19 in the hospital, completely fits the investigation. The argument that the cause of death in the medical report is cardiac arrest or any other cause and not death from Kovid-19, is not acceptable to us. Any organ of a person infected with corona virus, whether it is lung or heart, can be affected by infection and he can die. The court, in its judgment dated July 25, 2022, directed that each of the petitioners whose claims have been admitted herein would be entitled to compensation of Rs 25,000-25,000.
Challenge to provision 12
It is noteworthy that these petitioners had challenged Clause 12 of the Government Order dated June 1, 2021 on the ground that this provision was to withhold the payment of compensation as compensation would be paid only if the infected patient died within 30 days. The petitioner argued that the purpose of this government order is to give compensation to those families whose livelihood member has died due to Kovid-19 during Panchayat elections. The State authorities held that the petitioner’s husband died of COVID-19, but the payment of compensation has been withheld due to clause 12. The court was told that it has often been observed that the infected person died even after 30 days.
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