If Covid patient dies of other causes during treatment, it’s still Covid death, rules Allahabad HC

The Allahabad High Court ruled on Saturday that regardless of the cause of death of a Covid-19 infected patient, it should still be considered as a death due to the virus. 

The court’s order will ensure relief for people who have been denied compensation. (Representational/PTI)

The Allahabad High Court ruled on Saturday that if a Covid-19 infected patient dies after getting admitted to a hospital, their death should be considered as a Covid death regardless of the cause of death.

The cause of death may be heart attack or any other reason, but it should be considered as death due to Covid-19, said the court.

A division bench of Justice AR Masoodi and Justice Vikram D Chauhan gave the order while hearing a petition. It also ruled that after the death of Covid-19 victims, their dependents should be paid an ex-gratia amount within 30 days. Further, if the amount could not be paid in a month, it should be paid with a 9 per cent interest.

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The court said that the Covid-19 infection can affect any organ and cause damage to it thereby leading to a patient’s death. It concluded that death due to organ failure in a Covid infected patient cannot be treated as a separate cause for the patient’s demise.

The court ordered the government to pay Rs 25,000 to each petitioner after it determined that the limit of 30 days had passed and the compensation had not been given.

The petitioners had challenged clause 12 of a government order dated June 1, 2021 which defined the conditions for claiming compensation for Covid deaths. The petitioner was denied compensation after the cause of death of her husband was not attributed to Covid-19.

The court’s order will bring relief to the families of Covid victims who were denied compensation as their deaths were not attributed to the virus.

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