All deaths due to
Covid crisis and shortage of oxygen are not Medical Negligence says SC 8th
Sep 2021
Writ Petition Deepak Raj Singh V/S Union of India
"To assume that each death due to Covid-19 took
place due to negligence is too much. Courts cannot have a presumption that all
Covid deaths happened due to medical negligence", the Court said.
A writ petition filed by Deepak Raj Singh seeking
compensation for families of Covid victims who died due to lack of oxygen &
essential healthcare facilities The petitioner, submitted that the petition
raised a different point relating to deaths caused by negligence and mismanagement.
Hence the above order by Apex Court
Contents of the Petition:
The petition sought the following
directions from the Court:
·
The Court observed that the second wave of the pandemic
affected the entire country
·
The Bench referred to the suo moto case taken up by the Top
Court for various issues related to the Covid pandemic and stated that
the National Task Force which was constituted is looking into
different aspects of the pandemic.
·
The Bench also stated that the Apex Court has issued directions
in a separate judgement dated June 30 in relation to ex- gratia compensation to be
provided to
·
The bench also noted that many developments have taken place
after the petition was filed in May this year.
Bench asked the petitioner
to approach the competent authority as the Government is yet to come up with a
policy as directed by that verdict but the petitioner, submitted that the
petition raised a different point relating to deaths caused by negligence and
mismanagement.
Supreme Court had held on its June
30th verdict that the National Disaster Management Authority has a statutory
obligation to frame guidelines for recommending minimum ex-gratia assistance
for the victims of COVID pandemic.
While saying that it cannot direct the
Union Government to pay a particular amount as compensation, the Court had
directed the National Authority to frame guidelines within 6 weeks on providing
ex-gratia assistance to COVID victims.
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