State To Not Insist On RT-PCR Report For Deciding Compensation Claims For COVID-19 When Other Available Reports Indicate The Same: Madras HC

What is the issue

• The Madras High Court ordered the health authorities of the Tamil Nadu Government to process the claim for compensation of the Petitioner who was a widow of a private medical practitioner who contracted Covid-19 infection on duty and succumbed to it, without insisting on his RT-PCR report.
• The Petitioner had claimed under the PM Garib Package Insurance Scheme for Health Workers Fighting COVID-19 which provides a coverage of Rs. 50,00,000/- for both Public Health-care Providers as well as the Doctors and staff belonging to Private Hospitals, if they die due to COVID-19.
• The petitioner had submitted that her husband, who was also treating COVID-19 patients, started feeling the symptoms and was immediately rushed to a Private Hospital where 'CT Chest COVID Screening Test' was performed which revealed that he was afflicted with COVID-19.
• On his demise subsequently, the Petitioner moved an application before the concerned Authorities seeking the insurance coverage provided by the above-said Scheme. The same was declined by the Joint Director of Health Services in the absence of the RT-PCR Test result of her deceased husband.
• It was the Petitioner's case that she had submitted all the relevant documents to the department but, she did not have an RT-PCR report since her husband was directly subjected to the 'CT-Chest COVID Screening Test' by the private hospital.

Observations of the Court

• The bench headed by Justice Venkatesh observed that it is very clear from the 'CT-Chest COVID Screening Test' that the husband of the petitioner was afflicted with COVID-19 and when such a crucial document is available, there is no need for insisting on the RTPCR Test result. He further stated that in cases of this nature, the Authorities must consider the claim with more humanness and not stick to technicalities. The available documents substantiate the fact that the husband of the petitioner was suffering from COVID-19.
• The Bench, therefore, directed to the Joint Director of Health Services to process the claim made by the Petitioner without insisting on the RT-PCR Test result and ordered that if other requirements are satisfied the authority shall process her claim form and forward the same to the Department of Health and Family Welfare within two weeks.
• The State, on receipt of the records, is directed to forward the same to the Ministry of Health and Family Welfare within a period of four weeks, for final consideration within four weeks thereafter.

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