Court Rules in Favor of Deceased Bus Conductor's Family, Citing Probable Covid-19 Death
In a significant judgment, the Bombay High Court has directed the BrihanMumbai Electricity Supply and Transport Undertaking (BEST) to provide a compassionate appointment and ex-gratia compensation to the family of a bus conductor who died during the Covid-19 pandemic. The court's decision, delivered by a bench comprising Justices R.I. Chagla and Advait M. Sethna, emphasizes a humane approach towards the families of employees who lost their lives while serving during the pandemic.
The petitioner, Subodh Nayan Lakeshri, sought employment on compassionate grounds following the death of his father, Late Mr. Nayan Vasant Lakeshri, who served as a bus conductor with BEST. Despite the absence of an RTPCR test, the court found that the cause of death certificate and medical records indicated Covid-19 as the probable cause of death. The bench applied the "preponderance of probability" standard of proof, rather than "proof beyond reasonable doubt," setting a precedent in similar cases involving pandemic-related deaths.
The court ordered BEST to provide accelerated compassionate appointment to the petitioner under Administrative Order No. 407 of 2020 and to release an ex-gratia compensation of Rs. 50,00,000 within 60 days. This decision aligns with the Division Bench's earlier ruling in a comparable case, emphasizing the importance of not denying benefits due to procedural gaps, such as the lack of an RTPCR report.
The judgment underscores the court's commitment to ensuring justice and support for families affected by the unprecedented challenges of the Covid-19 pandemic, urging authorities to adopt a considerate approach in such matters.
Bottom Line:
Compassionate appointment and ex-gratia compensation granted to the petitioner after considering the death of his father during Covid-19 pandemic under preponderance of probability.
Statutory provision(s): Administrative Order No. 407 of 2020, Notification dated 10th June 2020, Epidemic Diseases Act, 1897, Disaster Management Act, 2005
