Covid-19: HC Asks Centre, NDMA to Respond to Woman's Plea for Ex-gratia Due to Mother's Death

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The petitioner alleged that she could not get the death certificate of her mother from the MCD office as her brother was not cooperating in the process. (File photo/PTI)

The petitioner alleged that she could not get the death certificate of her mother from the MCD office as her brother was not cooperating in the process. (File photo/PTI)

The petitioner alleged that she could not get the death certificate of her mother from the MCD office as her brother was not cooperating in the process.

  • PTI New Delhi
  • Last Updated:September 13, 2021, 16:41 IST
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The Delhi High Court Monday sought response of the Centre and National Disaster Management Authority (NDMA) on a woman's plea seeking ex-gratia for her mother's death due to Covid-19. Justice Rekha Palli issued notices to the authorities and asked them to file their replies while listing the matter for further hearing on November 18.

The petition filed by the daughter said that the patient complained of fever and other problems and was admitted to Saroj Medical Institute here on April 28 and after her RT-PCR report came positive, she was discharged from the hospital. Advocate Anand, appearing for petitioner Santosh Yadav, said she was discharged in a critical condition by the hospital and could not get bed in any other hospital as there was shortage during the second wave of the Covid-19 pandemic and patient Bimla Devi died at her home on May 3.

The petitioner alleged that she could not get the death certificate of her mother from the MCD office as her brother was not cooperating in the process. The plea said it is not only a statutory obligation under the Disaster Management Act to provide ex-gratia assistance on account of loss of life but it is the constitutional obligation also since it affects the right to life guaranteed under the Constitution.

It also referred to the Supreme Court's order directing the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of persons who died due to Covid-19. However, what reasonable amount to be offered towards ex-gratia assistance is left to the wisdom of the national authority which may consider determining the amount taking into consideration the observations made, it said.

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