Overview
- A bench of Justices P.S. Narasimha and R. Mahadevan set aside the Bombay High Court ruling that excluded private practitioners from the PMGKY insurance package.
- The court held that private doctors who died while working during the pandemic can qualify because requisition occurred as a matter of law during the COVID emergency.
- Individual claims must be decided on evidence, with the burden on claimants to show the deceased died while performing COVID-19-related duties.
- The judgment relied on the Epidemic Diseases Act, Maharashtra’s 2020 Regulations, the Navi Mumbai order of March 31, 2020, and official PMGKY documents to establish requisition.
- Originating from the claim of Dr. B.S. Surgade’s widow after rejection by New India Assurance, the ruling also asks the Centre to provide data on similar schemes and ensure insurers honour valid claims.