The Government of Rajasthan High Court has instructed the government to release the claim amount to the wife of a COVID-19 duty worker who passed away. This pertains to the Pradhan Mantri Garib Kalyan Package Scheme.

In a case where a petition was filed under Article 226 of the Constitution to challenge the order dated January 24, 2022, Justice Pushpendra Singh Bhati set aside the order issued by the Director of Medical and Health Services, Government of Rajasthan. The court directed the respondents to review the petitioner’s application under the Pradhan Mantri Garib Kalyan Package Scheme and release the claim amount to the petitioner within three months from September 29, 2023.

Background: The government will release the Claim 

The petitioner’s case revolves around her husband, who worked as a nursing officer on a contractual basis, specifically assigned to provide care in the Intensive Care Units (ICU) for Covid-19 patients at the All India Institute of Medical Sciences, Jodhpur (AIIMS, Jodhpur) from December 13, 2016. This role exposed him to direct contact with Covid-19 patients, and tragically, he suffered a fatal heart attack on April 6, 2021. AIIMS, Jodhpur, subsequently issued a death certificate on April 23, 2021, and a death summary for the deceased was prepared on May 17, 2021.

On April 3, 2020, the Ministry of Health and Family Welfare in New Delhi issued a notification, urging healthcare providers to be aware of their inclusion in the Pradhan Mantri Garib Kalyan Package Scheme (referred to as “the Scheme”). This Scheme was designed as an insurance program to support healthcare workers combating the Covid-19 pandemic. In pursuit of this, the petitioner, who is the wife of the deceased, submitted a claim seeking compensation of Rs. 50 lakhs under the Scheme.

However, the Director of Medical and Health Services, Government of Rajasthan, through an order dated January 24, 2022, rejected the petitioner’s claim. The rejection was grounded in the assertion that the documents provided by the petitioner failed to establish that her husband’s death was a result of his Covid-19 related duties or that it was an accidental death.

Judgment: Government to release the Claim

The Court recognized that the world became acutely aware of the Covid-19 pandemic in 2019-2020, which subsequently spread and had far-reaching adverse effects on people’s daily lives worldwide. This unprecedented situation led to widespread fear and panic, with the constant looming threat of death, and even the collapse of healthcare services.

The Court acknowledged that healthcare workers found themselves on the frontlines, tirelessly working to provide essential medical care to Covid-19 patients. It was within this context that the petitioner’s husband, a health worker, tragically suffered a fatal heart attack while serving in the Intensive Care Unit (ICU).

The Court pointed out that, based on the April 3, 2020 notification, the Pradhan Mantri Garib Kalyan Package Scheme offered two types of claims:

1. Claim Form 1: Personal Accident Insurance Claim for the loss of life due to Covid-19.
2. Claim Form 2: Personal Accident Insurance Claim for the accidental loss of life arising from Covid-19 related duties.

In this case, the Court determined that the petitioner’s situation fell under the second category, involving the accidental loss of life due to Covid-19 related duties. The government intent behind the Scheme was clear: to provide financial assistance to the families of healthcare workers who lost their lives while serving on the frontlines of the Covid-19 pandemic. This support aimed to prevent the collapse of healthcare services during this critical period.

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As a result, the Court concluded that the petitioner’s claim for compensation under the Scheme was valid, as her husband’s death was a direct consequence of his duties as a healthcare worker during the pandemic. The Court ordered the government to reconsider the claim and release the compensation amount, thus ensuring the intended support for the family of the deceased healthcare worker.

In this specific case, the Court emphasized that the petitioner’s husband didn’t succumb to a typical illness. His death, at the young age of thirty-six, was due to a heart attack, and the stress and trauma associated with his duties in the ICU had a significant role in causing this tragedy. The government underlined that this case concerned the policy of insuring health workers in the context of Covid-19. It was not an ordinary accidental claim but one intricately related to the risks faced by health workers working in a highly stressful and fearful environment.

The Court emphasized that the definition of ‘accident’ should align with the original intention behind introducing the scheme. In typical circumstances, accidents aren’t usually voluntary actions with life-threatening risks. However, in this case of government the tasks health workers were performing came with an aggravated risk to their lives, justifying the scheme’s purpose to offer financial relief to their families.

The government clarified that the scheme wasn’t intended for usual road accidents but was a compassionate gesture for health workers facing the extreme fears of the pandemic. It was designed to acknowledge the substantial risks they took to perform their duties. Therefore, the term ‘accident’ should be linked to the severe pain, fear, and trauma of the Covid-19 pandemic.

Considering the petitioner’s husband’s ultimate sacrifice in preventing the health system from collapsing and safeguarding ordinary citizens from the Covid-19 pandemic, the government deemed the heart attack as non-voluntary and not a matter of chance. The Court further highlighted that in such catastrophic and traumatic pandemic conditions, the policy should have a broader scope to provide relief to those it was intended for – voluntary health workers working in ICUs, serving Covid-19 patients, and experiencing an untimely demise at a young age without underlying ailments.

As a result, the government set aside the Director of Medical and Health Services’ order dated January 24, 2022, and directed the respondents to reevaluate the petitioner’s claim under the Pradhan Mantri Garib Kalyan Package Scheme, with instructions to release the claim amount to the petitioner within three months from September 29, 2023.

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