Pay COVID-19 death compensation to families in 10 days, Supreme Court tells states

The Supreme Court on Friday reminded state governments of their bounden duty to come to the solace of Covid-19 affected families and pay them compensation within 10 days of receipt of claim. SC's reminder came amid reports that states such as Maharashtra were rejecting offline claims, and cheques issued to the affected were not being honoured in Karnataka.

A bench of Justices MR Shah and BV Nagarathna lashed out at all states for their failure to provided particulars of the affected, including orphans, to the legal aid services so that they could assist families in claiming their ex-gratia and ensure that no claims were rejected on technical grounds.

"Despite our earlier orders it seems all that states have given are statistics, not particulars (which can be dealt with)," Justice Shah said. They include names of those who died of Covid-19, their kin, the address at which they live, particulars of the death certificate on the basis of which they were making their claim etc. The court has earlier clarified that those who were found positive and died within 30 days would also be eligible to claim compensation.


The bench directed all states to furnish particulars of the Covid-19 affected to legal services authority within a week or face the wrath of the court. States were also directed to ensure that they appoint nodal officers to coordinate with the legal services authority. These nodal officers must not be below the rank of a deputy secretary.

The top court had directed all states to provide Rs 50,000 each to every family which has lost a member to Covid-19. States have so far failed to pay all those affected. This is over and above what they may have given earlier to the affected.

The bench took umbrage to this fact and drew the attention of states to the concept of a welfare state enshrined in our Constitution. "It is your duty to come to the solace of people and pay them ex gratia compensation," Justice Shah said. "You are not doing charity. As a welfare state it is your duty. Instead you are sending them from one pillar to another post. Do it from the bottom of your heart," Justice Shah said.

He took exception to claims made by lawyers that Maharashtra was rejecting all offline claims and only accepting online claims.