Preponderance of probability, not proof beyond reasonable doubt, governs establishment of COVID-19 death for compensation.

The Petitioner’s father, a Bus Conductor with the Respondent No. 1 (BEST), performed duties during the Covid-19 pandemic

On June 4, 2020, he was admitted to Seven Hills Hospital with symptoms including dry cough, breathing difficulties, high fever, and a SpO2 level of 73%

He died on June 6, 2020; the Medical Certificate of Cause of Death cited "Myocardial Infarction" and "Suspected Case of Covid 19"

Due to pandemic protocols, the body was cremated by the Brihanmumbai Municipal Corporation (BMC) without being handed over to the family

The Petitioner applied for compassionate employment and ex-gratia compensation of Rs. 50,00,000/- under relevant government schemes

Respondent No. 1 rejected the application on November 23, 2021, on the grounds that no RTPCR test was conducted and available medical documents did not conclusively prove death by Covid-19

This rejection was supported by a BMC Dean’s Committee report stating X-ray reports were normal

1. Whether the Petitioner is entitled to compassionate employment and ex-gratia compensation despite the absence of a positive RTPCR report

2. Whether the standard of proof required to establish a Covid-19 death for welfare benefits is "proof beyond reasonable doubt" or "preponderance of probability"

The court primarily applied the principles of compassionate appointment and ex-gratia compensation as outlined in Administrative Order No. 407 of 2020 and the Departmental Notification dated June 10, 2020, issued by the BEST Undertaking

It further relied on the judicial precedent set in Mayuri Krishna Jabare v. General Manager, BEST & Anr. (WP No. 2019 of 2022), which established that the standard of proof for determining Covid-19 deaths in such claims is the "preponderance of probability" rather than "proof beyond reasonable doubt"

The Court observed that the Petitioner’s father exhibited "classic symptoms" of Covid-19 upon admission, such as severe respiratory distress and low oxygen saturation, alongside comorbidities like diabetes and hypertension

It held that the Seven Hills Hospital’s certification of the deceased as a "Covid Suspect" and the subsequent BMC cremation protocol created a strong inference of a Covid-19 death

The Court critiqued the Respondents for insisting on an RTPCR report, noting that the absence of such documentation or specific medical tests cannot be used to deny benefits to the heirs of an employee who died while answering the call of duty

The Court found the Dean’s Committee’s reliance solely on a "normal" X-ray report to be perverse, as it ignored the admission clinical history and the specific cause of death certificate

Applying the "preponderance of probability," the Court concluded it was more probable than not that the death was caused by Covid-19

It directed Respondent No. 1 to provide accelerated compassionate employment to the Petitioner under Administrative Order No. 407 of 2020

Additionally, the Court directed the Respondents to sanction and release Rs. 50,00,000/- as ex-gratia compensation to the surviving heirs within 60 days

The Court held that technical requirements like RTPCR reports cannot override clinical evidence and the preponderance of probability in pandemic-related welfare claims