The Supreme Court of India, on 28th October, has reserved its judgment on whether private doctors who continued to serve during the pandemic and died due to COVID-19 are eligible for compensation under the Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19, popularly known as the PM Insurance Scheme for COVID-19 Doctors.
The Bench comprising Justice P. S. Narasimha and Justice R. Mahadevan heard extensive submissions in the plea challenging the restrictive interpretation of the scheme adopted by the authorities and the Bombay High Court.
The High Court had earlier denied the benefit to private practitioners, holding that only those “requisitioned or drafted” for official COVID duty by government authorities qualified for the ₹50 lakh insurance cover.
Bench Observes State’s Duty To Protect Doctors Who Served During Pandemic
During the hearing, Justice Narasimha underscored the moral and constitutional responsibility of the State towards healthcare workers, observing,
“Society will not forgive us if we don’t take care of our doctors.”
He stressed that insurance companies must honour valid claims and that the government cannot assume that doctors not under official COVID duty were “sitting idle or making profits.”
The Bench clarified that the Court would not decide individual cases but would instead lay down guiding principles for determining eligibility under the PM Insurance Scheme for COVID-19 Doctors.
Justice Narasimha further stated:
“If it is proved that the doctor voluntarily offered medical services by keeping his clinic or hospital open, and that death occurred due to COVID infection, such a claim deserves consideration.”
Centre’s Stand: Scheme Was Contractual, Not a General Welfare Measure
Additional Solicitor General Aishwarya Bhati, appearing for the Union Government, opposed the plea, arguing that the insurance cover was limited to a specific period and intended only for government-requisitioned personnel.
She submitted that the scheme was not a welfare measure, but a contractual insurance policy, limited in scope. The ASG also pointed out that a separate ex-gratia compensation scheme was available for COVID deaths under the National Disaster Management Authority (NDMA).
Supreme Court Seeks Data On Parallel Schemes
The Bench directed the Centre to furnish details of other similar or parallel schemes available to medical professionals apart from the PM Insurance Scheme for COVID-19 Doctors.
Justice Narasimha noted that the forthcoming judgment would “lay down the principle” so that insurance companies can process claims uniformly based on the Court’s directions.
Background Of The Case
The proceedings arise from the judgment of the Bombay High Court dated March 9, 2021, in which the widow of Dr. B. S. Surgade, an Ayurvedic practitioner who succumbed to COVID-19 in June 2020, was denied relief.
Dr. Surgade’s widow sought ₹50 lakh compensation under the PM Insurance Scheme for COVID-19 Doctors. However, the New India Assurance Company rejected her claim on the ground that her husband’s services were not requisitioned by the Navi Mumbai Municipal Corporation.
The High Court upheld this reasoning, holding that private doctors who voluntarily kept their clinics open could not claim under the scheme. Dissatisfied, Dr. Surgade’s widow and several similarly placed families approached the Supreme Court through Special Leave Petition (SLP(C) No. 16860/2021) titled Pradeep Arora v. Director, Health Department.
Supreme Court To Define Broad Eligibility Criteria
After hearing all parties, the Supreme Court reserved its verdict and clarified that it will frame broad legal principles determining eligibility under the PM Insurance Scheme for COVID-19 Doctors, ensuring just and consistent application across India.
As Justice Narasimha poignantly remarked,
“We must recognise those who served and lost their lives in the line of duty, even if they were not formally requisitioned.”
The judgment, once delivered, will have far-reaching consequences for families of private medical practitioners who died battling COVID-19 and may redefine India’s approach to compensating pandemic-era health warriors.
Case Details
- Case Title: Pradeep Arora v. Director, Health Department
- Case No.: SLP (C) No. 16860 of 2021
- Bench: Justice P. S. Narasimha & Justice R. Mahadevan
- Date of Hearing: October 28, 2025
- Status: Judgment Reserved
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