Can’t deny Covid compensation solely due to lack of RT-PCR test: HC

A division bench of Justices RI Chagla and Advait Sethna said denying benefits under the Government Resolution (GR) dated May 9, 2020. solely due to lack of RT-PCR proof would be “inhuman”, especially when the employee died while on duty

MUMBAI: In a relief to the family of Covid-19 warriors, the Bombay High Court on Wednesday held that the absence of an RT-PCR test report cannot be the sole ground to deny ₹50 lakh ex-gratia compensation. The court has directed the Brihanmumbai Electricity Supply and Transport (BEST) to pay the amount and offer a job to the kin of a bus conductor who died during the pandemic.

Can’t deny Covid compensation solely due to lack of RT-PCR test: HC

A division bench of Justices RI Chagla and Advait Sethna said denying benefits under the Government Resolution (GR) dated May 9, 2020. solely due to lack of RT-PCR proof would be “inhuman”, especially when the employee died while on duty.

According to the 2020 GR, issued by the Union health ministry, ₹50 lakh insurance cover was declared for healthcare workers and the families of employees who died due to Covid-19 while on duty.

The court was hearing a petition filed by Subodh Lakeshri, whose father, a BEST conductor, died in June 2020 after treatment at Seven Hills Hospital. His death certificate mentioned myocardial infarction and a suspected Covid-19 case, but BEST rejected the claim citing no positive RT-PCR test report. Lakeshri moved the high court in 2023, challenging the BEST’s decision.

The bench noted that the deceased showed “classic Covid symptoms” and said the family deserved relief. It ordered BEST to pay ₹50 lakh ex-gratia and provide compassionate appointment to the surviving heirs at the earliest.