The Madras High Court on Tuesday issued notice in a plea seeking the payment of ex-gratia payment of compensation to the heirs or families of persons who died after contracting COVID-19 (R Vijayagopal v. National Disaster Management Authority)..Notice was issued to the National and State Disaster Management Authorities by the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy. .The plea prayed for financial assistance to families of those who have died or where people are hospitalized due to COVID-19 as fixed under the Disaster Management Act..The petition emphasised on the principle of “parens patriae”, adding that this principle derives statutory force in Sections 12 and 19 of the Disaster Management Act..The petitioner pointed out that such payments are required to be made within 45 days of the disaster. However, despite more than 444 days having been passed since COVID-19 was declared a notified disaster, the Disaster Management authorities have failed to take any steps on this court, the petitioner submitted..In this regard, it was pointed out that the authorities have not identified the victims entitled to relief nor has any assistance been extended to those who have been hospitalised..In the course of the hearing yesterday, Chief Justice Banerjee observed that the plea involved a matter of policy. .In response, the Petitioner cited the judgement by the Apex Court in ICICI Bank v. Official Liquidator of APS Star Industries, wherein it was held that the guidelines framed under Section 12 of the provisions of the Act had “Statutory force of law”. .The court will hear the matter next on July 13. .[Read Order]
The Madras High Court on Tuesday issued notice in a plea seeking the payment of ex-gratia payment of compensation to the heirs or families of persons who died after contracting COVID-19 (R Vijayagopal v. National Disaster Management Authority)..Notice was issued to the National and State Disaster Management Authorities by the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy. .The plea prayed for financial assistance to families of those who have died or where people are hospitalized due to COVID-19 as fixed under the Disaster Management Act..The petition emphasised on the principle of “parens patriae”, adding that this principle derives statutory force in Sections 12 and 19 of the Disaster Management Act..The petitioner pointed out that such payments are required to be made within 45 days of the disaster. However, despite more than 444 days having been passed since COVID-19 was declared a notified disaster, the Disaster Management authorities have failed to take any steps on this court, the petitioner submitted..In this regard, it was pointed out that the authorities have not identified the victims entitled to relief nor has any assistance been extended to those who have been hospitalised..In the course of the hearing yesterday, Chief Justice Banerjee observed that the plea involved a matter of policy. .In response, the Petitioner cited the judgement by the Apex Court in ICICI Bank v. Official Liquidator of APS Star Industries, wherein it was held that the guidelines framed under Section 12 of the provisions of the Act had “Statutory force of law”. .The court will hear the matter next on July 13. .[Read Order]