Maharashtra- Only Private healthcare workers requisitioned/drafted in relation to COVID duties eligible for Govt. insurance scheme.

The widow of Dr. Surgade had approached the High Court of Bombay seeking compensation of Rs.50,00,000/- under the Pradhan Mantri Garib Kalyan Package (Scheme). The Scheme provides for an insurance cover of Rs.50,00,000/- to healthcare providers including private hospital staf etc. who are requisitioned / drafted for COVID-19 related responsibilities. The entire amount of premium for this Scheme is being borne by the Ministry of Health and Family Welfare, Government of India.

In the present case, Dr. Surgade was operating a private dispensary. He was issued a notice from the NMMC ‘to keep the Hospital/Dispensary open in lock down period’. He thus began to treat patients, including those infected with COVID. He later contracted COVID from one such patient and succumbed to it on 10th June, 2020.

The High court observed that the insurance scheme was only applicable to doctors who were specifically requisitioned/drafted by the Government for COVID duty and therefore, the widow was not entitled to any insurance from the Govt. Scheme.

Relevant extracts of the said Judgment have been reproduced below-

“The letter categorically states that for a private healthcare provider to be covered under the Scheme, he or she must be “drafted” by the State / Centre for COVID-19 related responsibilities. Excluding the criteria set-out in the aforesaid letter, the letter categorically records that no other group of healthcare workers can be included under the Scheme.

In view of the aforesaid mandate of the Government of India, the mere inclusion of private healthcare workers within the Scheme would not suffice. The Petitioner would be necessarily required to prove that Dr. Surgade’s services were in fact requisitioned / drafted in relation to COVID-19 duties by the State / Centre to seek application of the Scheme.

the NMMC Notice came to be issued calling upon Dr. Surgade to keep open his dispensary after following the prescribed measures for social distancing etc. In our opinion, a plain reading of this NMMC Notice cannot be construed as a notice requisitioning Dr. Surgade’s services for the specific purpose of treating COVID-19 patients and/or working in a COVID-19 centre / hospital. There is a difference between specifically requisitioning / drafting services and directing private practitioners to not keep their clinic closed. In the present case, this distinction is evident from the record. The intent and object of the NMMC Notice was to encourage medical practitioners to keep open their dispensaries which were otherwise closed due to the fear of COVID-19.”