Apex Court Overturns Bombay High Court Decision
The Supreme Court has delivered major relief to families of private doctors who lost their lives while serving during the COVID-19 pandemic. The court ruled that these families are entitled to benefits under the Central Government’s insurance scheme — Pradhan Mantri Garib Kalyan Package (PMGKP): Insurance Scheme for Health Workers Fighting COVID-19 — even if the doctors were not formally requisitioned by the Government. This judgment overturns the Bombay High Court’s earlier decision that had denied such coverage.
Court Highlights Principle-Based Requisition of Doctors
While pronouncing the verdict, Justice PS Narasimha emphasized that the requisition of doctors during the pandemic was a matter of principle, considering the extraordinary circumstances. The court stressed that families of doctors who sacrificed their lives cannot be denied compensation merely on technical grounds regarding formal government requisition.
Background of the PMGKP Scheme
Launched in March 2020, the PMGKP scheme was designed to provide a financial safety net for healthcare workers on the frontline. Over the years, its coverage has been extended to ensure the dependents of COVID warriors who lost their lives receive essential support. Under the scheme, an insurance cover of ₹50 lakh is provided to eligible health workers.
Case That Triggered the Legal Battle
The plea before the Supreme Court was filed by Pradeep Arora and others challenging a 2021 Bombay High Court order. The High Court had previously ruled that private healthcare staff were not eligible for PMGKP benefits unless formally deployed by the Central or State Government. This became a barrier for many families seeking compensation.
Story of a Thane Doctor’s Widow
One of the petitions was filed by Kiran Bhaskar Surgade, whose husband, a private practitioner from Thane, succumbed to COVID-19 in 2020. Her claim was denied by the insurance company on the grounds that her husband’s clinic was not listed as a COVID-19 facility. This rejection became a representative case for several similar grievances across the country.
Centre’s Stand on Eligibility and Scheme Purpose
Additional Solicitor General Aishwarya Bhati argued that the insurance scheme was applicable only for a specific period and should be interpreted strictly as per contract terms. She stated that the scheme was not a general welfare measure and covered only those who were specifically called for COVID duty. She also pointed out that a separate ex-gratia scheme existed under the National Disaster Management Authority for COVID deaths.
Supreme Court Rejects Profit-Motive Assumptions About Private Doctors
The Supreme Court previously observed that assuming private doctors worked merely for profit was unfair. The bench noted that doctors who kept their clinics open during the pandemic also contributed significantly to COVID response efforts and should not be excluded from insurance benefits.
Direction to Ensure Valid Claims Are Settled
The bench further urged the Government to ensure that insurance companies settle legitimate claims without delay. It reinforced that any doctor who died due to COVID-19 while responding to the crisis — government or private — deserved support under the PMGKP scheme.
