Bombay High Court Directs Immediate Rs 50 Lakh Compensation for Covid-19 Victim's Family
The Bombay High Court has issued a landmark directive, ordering the Maharashtra state government to provide Rs 50 lakh in compensation to the grieving family of a municipal sweeper who tragically lost his life to Covid-19 in 2021. This ruling comes after a prolonged legal battle and significant bureaucratic delays that left the family in distress.
Court Criticizes Technical Delays in Compensation Process
A bench comprising Justices Makarand Karnik and Shriram Modak delivered a stern message to the authorities, emphasizing that any attempt to delay or defeat the claim on technical grounds would be viewed with utmost seriousness. The judges highlighted the need for compassion and efficiency in such matters, particularly when dealing with families of frontline workers who sacrificed their lives during the pandemic.
Background of the Case: Unmesh Kulkarni's Tragic Demise
The petition was filed by the legal heirs of Unmesh Kulkarni, a dedicated class IV employee who had served the Manmad Municipal Council (MMC) in Nashik district for over three decades. Kulkarni began his service on June 29, 1990, and was appointed as force staff on January 9, 2021, to help tackle the Covid-19 surge at Dr Babasaheb Ambedkar playground and Railway Institute.
Tragically, Kulkarni succumbed to the virus on March 29, 2021, while still in service. Following his death, the state government issued a resolution on February 11, 2022, granting Rs 50 lakh ex gratia payments to families of municipal employees who died due to Covid-19.
Bureaucratic Hurdles and Hospital Error
Despite submitting all required documents, Kulkarni's family faced rejection of their claim due to a critical administrative error. Iqra Hospital, where Kulkarni was admitted, failed to upload his name to the ICMR portal, citing lack of training as the reason. The hospital later issued an apology and provided a certificate confirming his Covid-19 death.
After obtaining this certificate, the MMC submitted the compensation proposal to the district administrative officer on November 22, 2021. However, the family's advocate, Alankar Kirpekar, revealed that the proposal subsequently stalled without proper consideration.
Court's Rationale for Immediate Action
The government's advocate, Pooja Patil, argued that the collector needed to scrutinize the MMC's proposal and verify document authenticity before making recommendations. However, the judges firmly rejected this approach, stating they were not inclined to adopt such a course in this particular case.
The bench noted that while the initial proposal was incomplete, the hospital's apology and subsequent certificate provided sufficient evidence. MMC's advocate Shriram Kulkarni confirmed the council did not doubt the certificate's genuineness, and the court found that MMC's communication clearly mentioned Covid-19 as the cause of death.
The judges emphasized there was no reason to question the certificate merely because it came from a private hospital. With the proposal pending since 2021, they declared that subjecting it to further verification would only add to the family's agony, especially considering the deceased had served faithfully for 31 years.
Specific Directions for Timely Compensation
The High Court issued clear directives to ensure prompt resolution:
- The Nashik collector must process the MMC's proposal immediately and forward it to the Urban Development Department within four weeks
- The Urban Development Department must grant approvals within four weeks of receiving the proposal
- Compensation must be paid to the petitioners within ten weeks from February 16
This ruling sets an important precedent for how similar cases should be handled, prioritizing humanitarian concerns over bureaucratic formalities when dealing with families of Covid-19 victims among frontline workers.
