Supreme Court Rules Private Doctors Who Died of COVID-19 While Serving Are Eligible for PM Insurance Scheme

Supreme Court Grants Relief to Families of Private Doctors Who Died During COVID-19

Insurance Coverage for Families

In a significant ruling, the Supreme Court of India has provided major relief to the families of private doctors who lost their lives while serving during the COVID-19 pandemic. The court stated that these families are eligible for benefits under the Central Government’s insurance scheme, known as the “Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19,” even if the doctors were not formally requisitioned by the government.

Overturning the Bombay High Court’s Judgment

The bench, which included Justice PS Narasimha and Justice R Mahadevan, overturned a previous decision by the Bombay High Court that ruled private doctors were ineligible for the insurance scheme. Justice Narasimha emphasized the principle of requisitioning doctors, noting, “Whether a particular doctor was functioning or not is left to be determined on the basis of evidence.”

Background of the PMGKP Scheme

The Pradhan Mantri Garib Kalyan Package (PMGKP) was introduced in March 2020 to provide a safety net for health workers. It ensures that the families of those who succumbed to COVID-19 receive necessary support. Under this scheme, health workers are provided with an insurance cover of Rs 50 lakh.

Details of the Case

The Supreme Court’s decision followed a plea filed by Pradeep Arora and others, challenging a March 9, 2021, order from the Bombay High Court. This order stated that private hospital staff were not eligible for benefits unless their services were specifically requisitioned by state or central authorities. One significant case cited involved Kiran Bhaskar Surgade, who lost her husband, a private clinic operator in Thane, to COVID-19. Her claim for compensation was denied on the grounds that his clinic was not recognized as a COVID-19 facility.

Arguments Presented

During the proceedings, Additional Solicitor General Aishwarya Bhati represented the Centre and opposed the plea, arguing that the insurance coverage was intended for a specific period. She asserted that the scheme should not be viewed as a welfare measure but rather as an insurance policy for designated individuals. Furthermore, she mentioned that the doctors in question did not specifically volunteer for COVID duty but were responding to a general call to maintain their medical facilities.

Supreme Court’s Observations

The Supreme Court previously instructed the government to ensure that valid claims are honored by insurance companies, rejecting the notion that private doctors were solely profit-driven. The bench remarked, “You should compel the insurance company to pay if according to you the condition is met that they were on COVID response and they died because of COVID.”

Conclusion

This ruling marks a pivotal moment in recognizing the contributions of private healthcare workers during the pandemic and ensuring that their families receive the compensation they deserve. The Supreme Court’s decision is a step towards acknowledging the sacrifices of health professionals in the fight against COVID-19.