PRAYAGRAY: Recently, the Allahabad High Court has directed the state that if a person admitted to a hospital dies due to Covid Infection the resulting cause being heart failure or dysfunction of any other organ is immaterial, such cases will be considered as a Covid Death.
The Bench headed by Justice AR Masoodi and Justice Vikram D Chauhan directed the state government to release the financial assistance to the family members of Covid victims entitled thereto within a period of one month. The Court allowed a writ petition filed by Kusum Lata Yadav and several others.
Court further observed that “We find that deaths having taken place in hospitals on account of COVID-19 fully stand the test of certification.”
“The argument that medical reports mentioning cardiac failure or otherwise may not be attributed to COVID-19 does not impress the court for the reason that Covid is an infection that may result to mortality of a person affecting any organ be it lungs or heart etc,” the court said.
In the previous judgment held on 25th July, the court directed the state authorities that each of the petitioners, whose claims are allowed here shall be entitled to a cost of ₹ 25,000 in each case.
The petitioners had challenged clause 12 of the government order (GO) dated June 1, 2021, primarily on grounds that it provides a ceiling that restricts payment of compensation only if the death has occurred within 30 days of Covid.
The petitioner said that the object of this step is to compensate the family and to give financial aid to a family which has lost its bread earner during panchayat elections due to Covid.
It was contended that state authorities admit the death of the petitioner’s husband was caused due to Covid but the payment is being denied only because of the ceiling contained in clause 12, which restricts payment of compensation only if the death has occurred within 30 days.
It was submitted that there was no justifiable reason to restrict the death to 30 days and it has often been observed that people die even after 30 days of contracting COVID-19.
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