Madras High Court Issues Notice To NDMA On Plea For Payment Of Ex-Gratia To Families Of Persons Who Succumbed To COVID-19
Only last week, the same Bench had observed that Court cannot order all COVID victims to be compensated, irrespective of financial position that the families may be in.
A Division Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy of the Madras High Court today issued notice to the National Disaster Management Authority on a petition seeking ex-gratia payment to families of persons who have died due to COVID-19 Disaster. Delete Madras High Court issues notice to @ndmaindia on a petition seeking ex-gratia payment to families...
A Division Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy of the Madras High Court today issued notice to the National Disaster Management Authority on a petition seeking ex-gratia payment to families of persons who have died due to COVID-19 Disaster.
Madras High Court issues notice to @ndmaindia on a petition seeking ex-gratia payment to families of persons who have died due to COVID-19 Disaster.#madrashighcourt #COVID19
— Live Law (@LiveLawIndia) June 15, 2021
The development assumes significance because only last week, the same Bench had observed that Court cannot issue a mandamus directing all COVID victims to be compensated, irrespective of the financial position that the families may be in.
"It is a matter of policy for the State to decide whether to give compensation to a class of persons to and to what extent. There is no doubt diverse classes of people will be seeking compensation and it is a matter within the exclusive domain of the State," it had held.
In today's hearing, Chief Justice Banerjee reiterated that the granting of compensation is a matter of subject policy.
However, the counsel appearing for the Petitioner cited two Supreme Court judgments in favour of his case.
In the first judgment, he pointed out, the Supreme Court has held that the Guidelines for minimum standards of relief issued under Section 12 of Disaster Management Act have a "statuary force of law".
Next, he referred to a recent Supreme Court ruling that these Guidelines are applicable to victims of Covid-19.
Taking these submissions into account, the Bench issued notice to the NDMA and posted the matter for hearing after four weeks. The Advocate General accepted notice on behalf of State.
Case Title: R. Vijayagopal v. NDMA & Anr.