The Madhya Pradesh High Court, ordered the state to give anganwadi worker who died during performing covid duties under“Mukhyamantri Covid 19 Yodha Kalyan Yojana”, this was held in the case of MS. LAXMI VERSUS THE STATE OF MADHYA PRADESH AND ORS(WRIT PETITION No. 9286 of 2021), which was presided over by Justice Subodh Abhyankar.
FACTS OF THE CASE
The mother of the petitioner Smt. Durga was posted as Sahyika at Aganwadi while she was on her way to distribute nutritious food (Sattu) to the villagers, she stumbled upon a stone and got injured. She was taken to the Hospital, however, due to the aggravation of the injury, she died due to Deep Vein Thrombosis (DVT), a medical condition.
The petitioner who is the daughter of the deceased applied for the compensation under the “Mukhyamantri Covid 19 Yodha Kalyan Yojana” scheme, which provides grant of Rs.50 lakhs to the kin of an employee, who has died on account of Covid 19 and also the employee who has died in an accident while performing Covid 19 duties.
The claim of the petitioner was holding that the death has occasioned not on account of any accident, but by a sudden fall while walking, resulting in the injury on the leg of the deceased employee, regarding which neither the FIR was lodged nor the post-mortem was conducted and as the death occasioned after 24 days, hence, the petitioner is not entitled to the insurance amount under the Scheme.
JUDGEMENT OF THE CASE
In such facts and circumstances of the case, this Court is of the considered opinion that the denial of the claim of Rs.50 lakhs to the petitioner whose mother has died while performing her Covid-19 duties is unjust and unfair and calls for interference.
The respondents are directed to pay a sum of Rs.50 lakhs as promised in the “Mukhyamantri Covid 19 Yodha Kalyan Yojana” within a period of 30 days from the date of receipt of certified copy of this order.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.
