New Delhi: The Supreme Court on Wednesday, September 8, noted that a general presumption that all deaths due to COVID-19 in the second wave of the infection happened due to medical negligence cannot be made.The court was hearing a writ petition seeking compensation for the kin of COVID-19 victims who passed away due to lack of oxygen and essential healthcare facilities, LiveLaw has reported.A bench of Justices D.Y. Chandrachud, Vikram Nath, and Hima Kohli asked the petitioner to approach relevant authorities with suggestions and withdraw the petition.The bench said, “To assume that each death due to COVID-19 took place due to negligence is too much. The second wave had such an impact across the country that it cannot be presumed that all deaths happened due to negligence. Courts cannot have a presumption that all COVID deaths happened due to medical negligence, which your petition does.”Also read: India ‘Prepares for the Worst’ Ahead of Possible COVID-19 Third WaveIn June, a special bench of Justices Ashok Bhushan and M.R. Shah of the Supreme Court had said that families of people who have died due to COVID-19 are entitled to ex-gratia payment, asking the National Disaster Management Authority (NDMA) to issue fresh guidelines for providing minimum standards of financial help to such families within six weeks.The Union government had earlier submitted that state governments cannot afford to pay Rs 4 lakh and had instead argued in favour of a “broader approach”. The court had said that it could not direct the government to pay a particular amount as compensation.On Wednesday, the apex court bench sought to highlight the standpoint from which it the earlier bench had delivered the order for ex gratia.“In that verdict the court has taken a view with regard to humanity and not due to negligence. The government is yet to come out with the policy. If you have any suggestion with regard to implementation of that policy, you can approach the competent authority,” the apex court said.At the outset, advocate Sriram Parakat, appearing for the petitioner, had said that his petition is different as it brings into account an element of negligence and compensation for the deaths which have happened due to medical negligence.The Supreme Court mentioned on Wednesday that the government is yet to come up with a policy directed by that verdict.“We have taken suo motu cognisance on COVID preparedness and a National Task Force has been constituted by this court which is looking into several aspects,” the bench said.It also noted that the realities of COVID-19 had seen a lot of developments since the current petition was filed in May 2021. In India, the official count of deaths due to COVID-19 is 4,41,411 on Wednesday, though according to reports, the real toll may be several times higher.
