- 1 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105081 OF 2023 (GM-RES) BETWEEN: VEERAPPA S/O. TOTAPPAYALAWATTI, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. DONI VILLAGE, TQ. MUNDARGI, DIST. GADAG, PIN CODE. 582 103. …PETITIONER (BY SRI. RAGHAVENDRA A PUROHIT, AND SMT. VAIBHAVI INAMDAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPT OF HEALTH, VIDHAN SAUDHA, BENGALURU -01. 2. THE DEPUTY COMMISSIONER, GADAG DISTRICT (SOCIAL SECURITY AND MULTI PENSIONER SCHEMES GADAG) -582103. 3. THE TESHILDAR, MUNDARGI, DIST. GADAG -582103. 4. DIST. HEALTH AND FAMILY WELFARE OFFICER, GADAG -582103. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 5. THE DIST MEDICAL OFFICER, DIST. GADAG -582103. 6. GADAG INSTITUTE OF MEDICAL SCIENCE GADAG (GIMS), MALLASAMUDRA, GADAG- 582103, REPT BY ITS DISTRICT SURGEON -582103. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R5, SRI J.S. SHETTY, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, TO ISSUE WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE REPLY DATED. 13.07.2023 WIDE BEARING NO. SAM.SABHAYO/VAHI/2022-23 ISSUED BY THE RESPONDENT NO.2 IS NULL AND VOID. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO SANCTION THE COMPENSATION OF RS. 100000/- TO THE PETITIONER FOR THE DEATH OF HIS WIFE DUE TO COVID 19 THE PANDEMIC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the second respondent to approve the compensation of Rs.1,00,000/- to the petitioner on the death of his wife due to COVID-19. 2. Heard the learned counsel Miss. Vaibhavi Inamdar, learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondents No.1 to 5 and Sri J.S. Shetty, learned counsel for respondent No.6. 3. The petitioner is said to be the resident of Gadag Taluk. On 04.09.2020, the wife of the petitioner is said to have died on account of her being diagnosed with COVID-19. The death certificate to that effect would indicate that the wife of the petitioner dies due to COVID- 19. On the death immediately Rs.50,000/- was approved to be sanctioned to the petitioner on account of the death of his wife. - 4 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 4. The learned counsel takes this Court through the documents appended with particular reference to the guidelines issued by the State for grant of compensation to those who die on account of COVID-19. Guideline VI, which is germane to be considered in the lis reads as follows : “¥ÀjºÁgÀ ¥ÁªÀw «zsÁ£À: gÁdå ¸ÀPÁðgÀ¢AzÀ ¸ÀAzsÁå ¸ÀÄgÀPÁë AiÉÆÃd£ÉAiÀÄ ¯ÉPÀÌ ²Ã¶ðPÉAiÀÄr gÀÆ.1,00,000/- UÀ¼À£ÀÄß £ÉÃgÀ £ÀUÀzÀÄ ªÀUÁðªÀuÉ (DBT) ªÀåªÀ¸ÉÜ ªÀÄÆ®PÀ ¥ÁªÀw¸ÀĪÀÅzÀÄ ªÀÄvÀÄÛ PÉÃAzÀæ ¸ÀPÁðgÀzÀ ªÀiÁUÀð¸ÀÆaUÀ¼ÀAvÉ gÁdå «¥ÀvÀÄÛ ¥ÀjºÁgÀ ¤¢üAiÀÄr ¥ÀæwAiÉƧ⠪ÀÄÈvÀgÀ ªÁgÀ¸ÀÄzÁgÀjUÉ vÀ¯Á gÀÆ.50,000/- UÀ¼À ¥ÀjºÁgÀªÀ£ÀÄß £ÉÃgÀ £ÀUÀzÀÄ ªÀUÁðªÀuÉ ªÀåªÀ¸ÉÜ ªÀÄÆ®PÀ ¥ÁªÀw¸ÀĪÀÅzÀÄ. [GzÁ (1)] PÉÆëqï – 19 ¤AzÀ ªÀÄÈvÀ¥ÀlÖ ©¦J¯ï PÀÄlÄA§zÀ M§â ªÀåQÛ ªÀÄÈvÀ¥ÀnÖzÀÝ°è CAvÀºÀ PÀÄlÄA§PÉÌ gÁdå ¸ÀPÁðgÀ¢AzÀ gÀÆ.1,00,000/- ®PÀëUÀ¼À£ÀÄß ªÀÄvÀÄÛ Cr gÀÆ.50,000/- ¸ÉÃjzÀAvÉ MlÄÖ gÀÆ.1,50,000/- UÀ¼À£ÀÄß ¥ÁªÀw¸ÀĪÀÅzÀÄ)” 5. In terms of the said guideline, the kith or kin of the person who dies on account of COVID-19 are entitled to Rs.1,50,000/- from two different funds of the State. As observed hereinabove, on the death and the representation being made, the petitioner was given compensation of Rs.50,000/-. The remaining - 5 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 Rs.1,00,000/- is not approved to the petitioner on the score that the hospital details were not found. The hospital is also before this Court. 6. Learned counsel Sri J.S. Shetty representing the hospital would submit that the wife of the petitioner was an inpatient and all records of her being an inpatient and dying due to COVID-19 is placed by the petitioner. 7. In that light, the reason for which the non- consideration of another Rs.1,00,000/- to be paid to the petitioner is erroneous or the endorsement that is issued on the face of it, is erroneous. In that light, the petition deserves to succeed and a mandamus to the second respondent to consider and pay the compensation to the petitioner in consonance with the aforequoted guideline, as his wife has died due to COVID pandemic. 8. For the aforesaid reasons the following : ORDER (i) The Writ Petition is allowed. - 6 - NC: 2025:KHC-D:1774 WP No. 105081 of 2023 (ii) The endorsement dated 13.07.2023 bearing No.Sam.SamSaBhayo/Vahi/2022-23 issued by the respondent No.2 stands quashed. (iii) Mandamus issues to the second respondent to pay compensation of Rs.1,00,000/-in terms of the guidelines noted hereinabove. (iv) The said order shall be complied within three months from the date of receipt of the copy of the order in accordance with. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 70