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Madras High Court has asked the Tamil Nadu State Government to indicate whether and to what extent it wants to make payment over and above the minimum amount of Rs.50,000 to the heirs of State's citizens who have lost their lives to Covid-19.

Referring to the Supreme court's judgment in Gaurav Kumar Bansal v. UOI wherein Supreme Court approved of centre's proposal of granting Rs.50,000 as ex-gratia to kin of those who succumbed to COVID-19 , the bench of Chief Justice Sanjeeb Banerjee and Justice P.D. Audikesavalu observed, "Nothing in the order prevents any State Government or the Government of any Union Territory to pay any further amount."

Noting thus, court held that it is for the State to decide if any further amount is to be paid over and above the minimum amount of Rs.50,000. As per the State report, there have been more than 36,000 deaths thus far due to Covid-19 in Tamil Nadu.

Court also said that the State should also put the machinery in place to deal with the grievances in terms of the Supreme Court order and ensure that there is quick disposal of matters at all levels. Court added that for such purpose, the State will come up with its own guidelines or set of instructions.

Additionally, the high court also observed that the gist of Gaurav Bansal judgment is that a minimum of Rs.50,000/- per person has to be paid as ex gratia out of the State Disaster Response fund. Court stressed that those directions are binding. 

Therefore, court further directed,

"Every endeavour should be made to ensure that such basic minimum payment of Rs.50,000/- for the next of kin or the family members or legal heirs of the victims who fell to Covid-19 in the State of Tamil Nadu and the Union Territory of Puducherry is paid as expeditiously as possible."

Furthermore, regarding the instant petition, the court noted that a needless controversy had been created by the petitioner in the overzealousness.

The petitioner had stated that the Supreme Court vide its judgment in Reepak Kansal v. Union of India (2021) had directed National Disaster Management Authority (NDMA) to issue fresh guidelines to deal with Ex Gratia Compensation for the next of kin of Covid Victims.

He had contended that however, the Reepak Kansal Judgment deferred from the 2020 Supreme Court's one earlier ruling in Centre For Public Interest Litigation v. Union of India without overturning it, which had held that there was no requirement to issue fresh guidelines as 2016 guidelines for minimum standards in existence prior to Covid 19 pandemic (Under Section 12 of National Disaster Management Act, 2005) were enough for all disasters.

Therefore, he had argued that Supreme Court's ruling in Reepak Kansal could only be considered as per incuriam.

Refusing to accept these arguments, Court stated that paragraph 10 of the Gaurav Kumar Bansal's Order which states Rs 50,000/- as ex gratia compensation was in pursuance of the June 30 judgment in Reepak Kansal. 

Court also noted that the Apex Court in Gaurav Kumar Bansal v. Union Of India, issued a slew of directions regarding ex gratia assistance, death certificates and grievance redressal after approving the guidelines framed by NDMA.

The matter is listed to be next heard on November 19, 2021. 

Case Title: R. Vijayagopal v. National Disaster Management Authority & Anr.