PM insurance covers private doctors who died during COVID: SC
What's the story
The Supreme Court has ruled that families of private doctors who died while performing their duties during the COVID-19 pandemic are entitled to benefits under the "Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19." The decision was announced by a bench headed by Justice PS Narasimha and Justice R Mahadevan. The court overturned a Bombay High Court ruling which had denied these benefits to private doctors not requisitioned by the government.
Medical contribution
Court emphasizes importance of medical professionals during pandemic
Justice Narasimha stressed on the crucial role played by medical professionals during the pandemic. He said, "There was a requisition of doctors as a matter of principle and as per the declaration under the law." "Whether a particular doctor was functioning or not is left to be determined on the basis of evidence. Doctors who sacrificed during COVID period cannot be told, their families cannot be told that compensation won't be available," Justice Narasimha said.
Case details
Case background: Widow's plea for insurance compensation
The case was filed by the widow of Dr. BS Surgade, an Ayurvedic doctor who died of COVID-19 in June 2020. She had sought ₹50 lakh compensation under the scheme but her claim was rejected as Dr. Surgade was not requisitioned by government authorities for COVID-19 duty. The Bombay High Court had upheld this decision, stating only health workers requisitioned or drafted by government authorities were covered under the scheme.
Court intervention
Supreme Court's intervention in insurance scheme eligibility
On October 29, 2021, the Supreme Court issued notice on a special leave petition filed by Dr. Surgade's widow and other affected families. The court observed that the issue was of "significant public importance" as it concerned government assurance of insurance cover for pandemic-serving health professionals. During hearings, the court deliberated on whether doctors who treated patients without formal government duty could be covered under the scheme.
Court's stance
Supreme Court's stance on individual claims and government responsibility
Justice Narasimha highlighted the need to protect medical professionals, saying, "Society will not forgive us if we don't take care of our doctors." The court said it would lay down broad principles for implementation without deciding individual claims. It asked the Centre to submit data on similar schemes and stressed that insurance companies must honor valid claims under this scheme.