Supreme Court overturns insurance denial for doctors who died in Covid

New Delhi: Families of medical professionals and private doctors, who died while performing their duties during the Covid-19 pandemic, are entitled to insurance cover under Pradhan Mantri Garib Kalyan Yojna and their claims cannot be denied on the ground that they were not requisitioned by the government, the Supreme Court ruled on Thursday.

While setting aside the Bombay High Court judgment that gave a contrary decision, a bench comprising Justices PS Narasimha and R Mahadevan said that they have "no hesitation in concluding that invocation of laws and regulations were intended to leave no stone unturned in requisitioning the doctors and the insurance scheme was equally intended to assure doctors and health professionals in the front line that the country is with them."

The insurance cover under Pradhan Mantri Garib Kalyan Yojna was extended to all those who were requisitioned by law and the executive actions under the compelling circumstances, the court said, adding "...we are not inclined to take the view that there was no requisitioning of the doctors and medical professionals."


The judges said that individual claims for insurance made as per the Pradhan Mantri Garib Kalyan Yojna will be considered and decided in accordance with the law and based on the evidence.

The onus to prove that a deceased lost his life while performing a Covid-related duty is on the claimant, and the same needs to be established based on credible evidence, the judgement stated.

Whether the doctor or healthcare professional has, and in fact, presented and offered his or her services in furtherance of Covid-19-related responsibilities is a matter of evidence, the court said, adding that if there is clear evidence that the deceased lost his life while performing Covid-related duties, the policy will have to be applied.

Launched in March 2020, the Pradhan Mantri Garib Kalyan Package was designed to support frontline health workers and ensure financial security for their families in the event of a Covid-related death.