State Government Should Compensate Kin If Covid Patient Died Due To Negligence At State Hospital: Bombay High Court On PIL Filed By BJP MLA

The Maharashtra government has been asked by the Bombay High Court to file an affidavit and submit details of cases involving deaths of Covid-19 patients due to mismanagement at state-run and municipal hospitals.

This order comes after the court on Monday noted that the government would be required to compensate all the unfortunate families, who lost their loved ones owing to negligence of the government.

While hearing a public interest litigation (PIL) filed by Bharatiya Janata Party MLA Ashish Shelar, the court observed that the Maharashtra government has an overriding responsibility and will be required to pay compensation to the families of Covid-19 patients in cases of culpable negligence.

The court also directed the government to adopt guidelines issued by the Ministry of Health and Family Welfare along with the additional directives given by the Calcutta High Court in its order dated 16 September.

The government is required to file the affidavit by 4 November, and a reply to it may be filed by 23 November, which is when the court will hear the case next.

The PIL seeks accountability and deterrence regarding management of bodies of Covid-19 by hospitals that are run by civic authorities, as submitted by senior advocate Rajendra Pai before a two-member HC division bench, comprising Chief Justice Dipankar Datta and Justice N J Jamadar.