It is usually followed as a customary mandate to ask for an RTPCR report before granting compensation to anyone on behalf of the state. The same has been followed ever since this obligation has been made an unavoidable part of the measures to deal with the pandemic. However, keeping in mind the purpose of the law and the intention behind the legislation, the Hon’ble Madras High Court, under Hon’ble Justice N. Anand Venkatesh has instructed the state of Tamil Nadu to grant the amount of compensation to the party aggrieved only based on a legitimate CT-scan report even if the RTPCR test report is not available. This judgement has been passed by the court in a case where the widow of a medical practitioner had sought compensation as her husband had succumbed to the virus while treating his patients.
It has been the observation of the Hon’ble court that but for the service and selflessness of the medical practitioners who risk their lives every day, the curtailment of the spread of covid 19 would have been impossible. Such services must be rewarded. The family members of such brave hearts must not be made to undergo additional stress or taxing formalities after their dear ones have passed away. Therefore, the process of granting compensation must the made as easy as possible.
The Prime Minister Garib Package for Insurance Scheme for Health Workers Fighting covid 19 provides a sum of fifty lakh rupees in case a medical practitioner dies of covid 19 while treating his patients. This scheme works irrespective of whether the person has been working in a private or public health center.
In this case, the wife of the deceased had been refused compensation by the Joint Health Director based on the non-availability of the positive RTPCR report. The petitioner has claimed that soon after her husband started experiencing symptoms of covid 19, he had been tested in a private nursing home and the CT-scan report is still available. In the scan report, it has been clearly stated that the deceased had passed away because of covid 19. Thus, the necessity of the RTPCR report gets ruled out. However, upon being refused compensation, the appellant sought the help of the state High Court which has reported to the Ministry of Health and Welfare Department that there have the flexibilities in the application of rules when it comes to sensitive cases like these. The motive is to stand with the family members left behind by the ones who have laid down their lives in the fight against the globally fatal virus. Therefore, the direction has been implemented and due compensation has been ordered to be granted to the appellant by the Hon’ble court.