NEW DELHI: The Supreme Court on Thursday allowed the Centre to carry out random scrutiny of 5% applications of covid compensation claims by the states of Andhra Pradesh, Gujarat, Kerala, and Maharashtra.
The Supreme Court order comes on a plea filed by the Union Government that sought a time limit for submitting claims for Covid-19 death compensation and also seeking measures to clear out fake claims.
“...The concerned States are directed to assist in carrying out the scrutiny of the claim applications as ordered above and submit all the necessary particulars of the respective claims that have been attended/processed to the Ministry of Health and Family Welfare, who shall carry out the scrutiny within a period of three months from today and submit the report before this Court. If it is found that anybody has made a fake claim, the same shall be considered under Section 52 of the Act, 2005 and liable to be punished accordingly,” the order reads.
The top court has also fixed the outer limit of sixty days from today to file the claims for compensation in case the death occurred due to Covid-19 prior to March 20, 2022.
“For future deaths, ninety days’ time is provided from the date of death due to Covid-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued,” the order further reads.
However it has been clarified that in case of extreme hardship any claimant could not make an application within the time prescribed, it will be open for the claimant to approach the Grievance Redressal Committee and make the claim through Grievance Redressal Committee which shall be considered by it on case to case basis and if it is found by the committee that a particular claimant could not make the claim within the stipulated time which was beyond their control his/her case may be considered on merits.
The Centre had sought permission for any central agency to undertake sample scrutiny to verify the claimed documents processed by respective state governments for grant of ex gratia payment and take steps thereafter in accordance with the law.
The top court said that nobody can be permitted to avail the ex-gratia compensation by making a false claim and/or submitting the false certificate. A claimant is entitled to the ex-gratia of Rs.50,000/- being a kin/family member of those, who died due to COVID-19.
“... nobody can be permitted to misuse the same and it is also against morality and is unethical, which can never be accepted.“ it added.