Allahabad High Court: At least 1 crore damages for death of Poll Officers due to Covid-19

Lekha G

The Allahabad High Court observed that the amount of compensation fixed by the Uttar Pradesh Government for Polling Officers who died due to Covid-19 during Panchayat Elections in Uttar Pradesh was too less and “Must be at least to the tune of INR 1 crore”.

The Court observed that, “To compensate the loss of life of the family’s bread earner and that too because of a deliberate act on part of the State and the State Election Commission to force them to perform duties in absence of RT-PCR support, the compensation must be at least to the tune of one crore. We hope that the State Election Commission and the Government will rethink the amount of compensation and come back to us on the next date fixed”.

The Principal of Medical College, Meerut regarding the death of 20 patients in the hospital, submitted that the deaths cannot be attributed to Covid as those were only suspected cases.

The Court observed that even if it is a case of suspected Covid death “We are of the view that all such cases of death should be taken as Covid deaths and no hospital can be permitted to hold these cases as non-Covid cases so as to reduce the number of Covid deaths in that hospital”.

The Court further directed the Principal of Medical College, Meerut to come with exact reports of those 20 deaths from Covid testing and SpO2 status at the time of admission which was recorded by the hospital.

The Court ordered to set up a three-member Pandemic Public Grievance Committee in every district of the state that would include Chief Judicial Magistrate or a Judicial Officer of similar rank who would be nominated by the District Judge.

The committee must come into existence within 48 hours of the passing of the order and necessary directives should be issued by the UP Home Chief Secretary to all District Magistrates.

Advocate Amrendra Nath Tripathi had filed an intervention application on behalf of Sun Hospital, Lucknow stating that no response was received in return for the reply submitted by them on the show-cause notice received from the authorities.

Amrendra Nath Tripathi also contended that false statements regarding oxygen supply were given by the District Magistrate to the hospital and instead of considering the reply and verifying the facts, the Lucknow District Magistrate had rushed to lodge an FIR against the hospital to show conformity with the Court’s order.

The Court observed that, “In the meantime, however, until we finally decide the matter on the question of show cause notice and its reply and the action pursuant thereto taken against the hospital, no coercive measures shall be taken against the Sun Hospital and its staff pursuant to the FIR lodged”.

Regarding the medical treatment given to late Justice VK Srivastava, the Court observed that, “Prima facie, we are of the opinion that since the records are not a complete guide, in this case, the matter should be examined by a committee to be constituted by the government”.

The Court also directed the State and Central Government to frame a programme by which they would vaccinate those illiterate labourers and other villagers between the age group of 18 and 45 years if they are not able to register online for vaccination.

The Court fixed the next date of hearing on May 17.

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