Allahabad HC:  Covid patient dies of during treatment even due to other cause, it's still Covid death

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• Jul 31, 2022 | Guriya Khatun

When the court found that the 30-day period had passed and no compensation had been issued, it ordered the government to pay each petitioner Rs 25,000.

The cause of death could have been a heart attack or any other factor, but the court ruled that COVID-19 should be considered the cause of death.

The decision was made while a petition was being heard by a division bench composed of Justices AR Masoodi and Vikram D. Chauhan. Additionally, it was decided that within 30 days of the COVID-19 victims' deaths, their dependents should receive an ex-gratia payment. In addition, if the sum couldn't be paid in a month, a 9% interest charge should be added.

The COVID-19 infection, according to the court, can harm any organ and result in death for a patient by affecting it. It came to the conclusion that organ failure death in a Covid-infected patient could not be considered a different reason for the patient's demise.

When the court found that the 30-day period had passed and no compensation had been issued, it ordered the government to pay each petitioner Rs 25,000.

Clause 12 of a government directive dated June 1, 2021, which sets forth the requirements for requesting compensation for COVID deaths, was contested by the petitioners. The petitioner's claim for compensation was rejected after it was determined that COVID-19 was not the cause of her husband's death.

It is to be noted that the court’s order will bring relief to the families of COVID victims who were denied compensation as their deaths were not attributed to the virus.