Delhi High Court Presumes Man Dead Who Went 'Missing' During COVID-19 From LNJP Hospital, Grants ₹5 Lakh Compensation To Wife

Presuming a man dead who purportedly went missing during the second wave of COVID-19 pandemic from Lok Nayak Jai Prakash (LNJP Hospital, the Delhi High Court has recently granted Rs. 5 lakh ex-gratia compensation to his wife.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma clarified that the payment shall not be in any manner construed as a liability or admission of negligent conduct on behalf of the Delhi Government.

The Court said that the payment is only directed under the humanitarian and compassionate considerations and shall be released within 4 weeks to the wife.

“In the extraordinary facts and circumstances of this case, it is recorded that though the identity of the Petitioner's husband remained in doubt after he was admitted in the LNJP Hospital, the Petitioner and her son shall be treated as the legal heirs of the missing person, who shall now be presumed to be dead. The present order shall not be treated as a precedent,” the Court said.

The Bench was dealing with a habeas corpus plea moved by the wife seeking production of her husband who was last seen in April 2021.

It was her case that the police had informed that an unknown person, found in an unconscious condition, was admitted to the Acharyashree Bhikshu Govt. Hospital. He was later shifted to LNJP Hospital as he was suffering from COVID-19.

The plea sought constitution of the committee to enquire into the conduct of the instrumentalities of the State, including the LNJP Hospital, in respect of the admission of her husband and his disappearance. She also sought compensation of Rs.50 lakhs for violation of fundamental right of her husband, her minor child and other family members.

Disposing of the plea, the Court noted that LNJP hospital was the main hospital where patients in Delhi were given medical treatment during the second wave.

It further said that LNJP as also other Government hospitals were facing massive shortage of staff, ambulances, drivers, doctors etc. and that the Police had done as much as they could to trace the petitioner's husband.

“Despite the prevalent crisis situation that the system was facing, police had called the relatives and informed about the admission of the unknown person to the ABG Hospital. It is unfortunate that the records maintained during the said Covid- 19 period do not reveal the identity of the person who was transferred and admitted to the LNJP Hospital,” the Court said.

It added It that as a policy, the patients who had succumbed to Covid-19 were immediately cremated in PPE kits and thus, the resources of the State, which has the responsibility to take care of life and liberty of its citizens, were pushed to an extreme and were severely tested during the second wave.

“Thus, considering the aforesaid, negligence cannot be attributed to the State in the present case, which would entitle the Petitioner to any compensation, especially, in light of the fact that contractual employment offered by the Government has already been refused by the Petitioner,” the Court said.

Title: SMT. REENA DEVI v. THE COMMISSIONER OF POLICE & ORS.

Citation: 2024 LiveLaw (Del) 1233

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