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Supreme Court Ruling: Private Doctors' Families Win Rs 50 Lakh Covid Insurance Battle

The Supreme Court has delivered a significant verdict for the families of healthcare workers. It ruled that the families of private doctors who died while performing Covid-19 duties cannot be denied the Rs 50 lakh insurance benefit. The court emphasized that the extraordinary circumstances of the pandemic's onset must be considered, moving beyond a narrow, technical interpretation of the rules. However, it clarified that claimants must still provide credible evidence that the death occurred while performing Covid-related duties.

Key Points: SC Allows Rs 50 Lakh Insurance for Private Doctors Lost on Covid Duty

  • SC ruled private doctors' families eligible for Rs 50 lakh Covid insurance scheme
  • Court rejected a "hyper-technical" need for formal requisition orders
  • Decision came in an appeal by a widow of a private practitioner
  • Entitlement remains case-specific, requiring proof of Covid-related duty
3 min read

Families of private doctors lost on Covid duty cannot be excluded from Rs 50 lakh insurance: SC

Supreme Court rules families of private doctors who died on Covid duty cannot be excluded from the Rs 50 lakh insurance scheme, rejecting a "hyper-technical" reading of rules.

"Our doctors and health professionals rose as unwavering heroes, turning challenges into courage. - Supreme Court Bench"

New Delhi, Dec 11

The Supreme Court on Thursday ruled that families of private doctors and health professionals who lost their lives while performing Covid-19 duties cannot be excluded from the Centre's Rs 50 lakh insurance scheme.

A bench of Justices P.S. Narasimha and R. Mahadevan delivered the ruling in an appeal filed by the widow of Dr B.S. Surgade, a private practitioner who succumbed to Covid-19 in June 2020 after keeping his clinic open during the lockdown.

The Bombay High Court had previously dismissed her plea for benefits under the Pradhan Mantri Garib Kalyan Yojana Package (PMGKY), holding that Dr Surgade’s work was not officially “requisitioned” as Covid duty.

Holding that families of doctors and health professionals cannot be deprived of the insurance scheme on the basis of a hyper‑technical reading of “formal” requisition orders, the apex court observed that the extraordinary circumstances at the onset of the pandemic must be read in context and cannot be reduced to a demand for individual appointment letters.

Noting the Centre’s order launching the PMGKY insurance and municipal orders directing dispensaries to remain open, the Justice Narasimha-led Bench said the regulatory and executive matrix "were intended to leave no stone unturned in requisitioning the doctors and the insurance scheme was equally intended to assure doctors and health professionals in the front line that the country is with them".

While discarding a hyper-technical test for requisitioning, the Supreme Court made clear that entitlement under the PMGKY remains case‑specific.

"Once we have decided that there was a ‘requisition’, the applicability of the insurance policy will then depend upon actual evidence. (I)f there is clear evidence that the deceased lost his life while performing Covid-19-related duties, the policy will have to be applied," it said.

"We have already indicated that our enquiry is confined to determining the question as to whether there is ‘requisition’ of the services of doctors and health professionals. We are not examining the credibility of individual claims. It is for the concerned offices or agencies to look into individual claims on the basis of clear evidence," the apex court said.

It clarified that the onus to prove that a deceased lost his life while performing a Covid-19-related duty is on the claimant, and the same "needs to be established on the basis of credible evidence".

In its judgment, the apex court acknowledged the unprecedented strain the Covid-19 pandemic placed on the global healthcare system. Despite this immense pressure, the Justice Narasimha-led Bench observed: "Our doctors and health professionals rose as unwavering heroes, turning challenges into courage."

- IANS

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Reader Comments

R
Rohit P
Finally, some common sense from the SC! During the peak, there was no time for "formal requisition orders". These doctors were heroes who answered the call of their nation. Their sacrifice must be honored equally. A very welcome ruling.
D
David E
A just decision. The spirit of the insurance scheme was to support all frontline workers. Getting bogged down in paperwork when people were dying misses the point entirely. Well done to the court for seeing the bigger picture.
A
Ananya R
While I agree with the principle, the court is right to say the onus of proof is on the claimant. We must ensure the scheme helps genuine families, but the process should not be so rigid that it becomes impossible to claim. A balanced verdict.
S
Suresh O
My neighbour was a private doctor who passed away during the second wave. His family struggled for months with no support. This judgment gives them hope. The nation can never repay that debt, but this is a start. Jai Hind.
K
Kavitha C
Respectfully, I hope the government machinery now acts swiftly to implement this. The judgment is great, but the real test is whether these families receive the compensation without further years of delay and red tape. The intent must match the execution.

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