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Not all covid deaths are due to medical negligence; SC rejects petition

New Delhi: The Supreme Court stated that the courts cannot presume that all deaths due to Covid 19 during the second wave of the pandemic were due to medical negligence. The Court today, rejected a petition seeking compensation for the kin of the victims, by treating it as a case of medical negligence.


‘To assume that each death due to Covid-19 took place due to negligence is too much. Courts cannot have a presumption that all Covid deaths happened due to medical negligence, which your petition does’, the bench observed orally.


Advocate Sriram Parakat, appearing for the petitioner, submitted that the plea raised a different point relating to deaths caused by negligence and mismanagement. A bench including Justices DY Chandrachud, Vikram Nath and Hima Kohli, asked the petitioner Deepak Raj Singh to approach the competent authorities with his suggestions. The Bench referred to the suo moto case taken up by the Top Court for various issues related to the Covid pandemic, and stated that the National Task Force which was constituted for  looking into different aspects of the pandemic.


While disposing of the petition, the Supreme court  suggested the petitioner to withdraw his plea and amend it, and if any suggestions are there, then the petitioner was asked to approach the competent authority.


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