SC reserves order on extending time limit for claiming COVID-19 death compensation

The Supreme Court on Monday reserved its orders in the application filed by the Central government seeking a time limit for submitting claims for ex-gratia payment from authorities on the death of kin due to COVID-19 and also seeking measures to monitor fake claims.

A bench of Justices MR Shah and BV Nagarathna indicated that it would set a time limit for 60 days from now for past deaths and 90 days for the future claimants to claim Rs 50,000 ex gratia compensation.

The bench said that a deadline of four weeks, as suggested by the Centre for claiming ex gratia payment, may not be sufficient as the families of the deceased would be distressed due to the loss of family members.

"Four weeks may not be an appropriate time period, as the family concerned may be in shock and four weeks may not be a good time. If there is a death, then the family would need time to recover from the sorrow and then file claims," the bench observed.

With regards to the issue of fake claims, the bench indicated that it might ask the National Disaster Management Authority to conduct a random survey of 5 per cent of the claims in four states which had a wide difference between number of claims and recorded deaths - Andhra Pradesh, Maharashtra, Gujarat and Kerala.

Senior advocate R Basant, appearing for the State of Kerala, suggested that the matter should not be entrusted to the State Police and that the District Legal Services Authority could be asked to do a random verification of the claims.

The apex court said it will consider this aspect and will pass a direction on March 23.

Solicitor General Tushar Mehta, appearing for the Centre, suggested fixing a deadline of four weeks to claim the ex gratia payment from authorities on the death of kin due to COVID-19.

The Central government has filed an application seeking setting of a deadline of four weeks to claim the ex gratia payment from authorities on the death of kin due to COVID-19.

"Though the fatality rate due to COVID-19 has substantially decreased, it may be desirable to direct that if any death takes place due to COVID-19 henceforth, the eligible claimant can move a competent authority within a period of four weeks from the death," the plea said.

The application stated that as both the state and central governments have received reports regarding the submission of fake/forged claims for COVID-19 ex-gratia compensation, the Centre asked the court to allow a probe into such instances.

Earlier, the apex court had expressed concern over misuse of its order to get ex-gratia Rs 50,000 compensation for COVID-19 death on the basis of fake medical certificate.

It had indicated that it may order a probe into it by the Comptroller and Auditor General of India (CAG).

Solicitor General while suggesting that there has to be a definite time limit for filing the application and availing the benefit of ex-gratia compensation by next of kin of those who have succumbed to the COVID-19 pandemic, had submitted that a limitation period should now be prescribed as the process cannot go on indefinitely.

The apex court was hearing a petition filed by lawyer-cum-petitioner, Gaurav Kumar Bansal, seeking an ex-gratia compensation for those family members, who died due to the COVID-19 pandemic.

Earlier, the top court had approved the Centre's disaster management guidelines on payment of Rs 50,000 ex-gratia compensation to the next kin of those who died of Covid-19 deaths and said the money to be disbursed within 30 days of applying.

( With inputs from ANI )