The bench directed MSRTC to pay Rs. 45 lakh as compensation to the petitioner within 8 weeks, and adjust Rs. 5 lakh already paid. (File Photo)The Bombay High Court has ordered that the wife of an employee of Maharashtra State Road Transport Corporation (MSRTC), who was deployed at the Wadala depot and died due to COVID in April 2021 in Nashik district, was entitled to Rs. 50 lakh in compensation.A Division Bench of Justices Makarand S Karnik and Shriram M Modak passed the judgment on February 24 on a plea filed by Sunita Bapu Jagtap, argued through advocate Akhil Khupade, challenging MSRTC’s decisions of January 2022 and March 2023. The Corporation rejected the Rs. 50 lakh compensation claim, stating that deceased Bapu Jagtap “was not assigned essential services and he was not the driver involved in the interstate transport.”The bench directed MSRTC to pay Rs. 45 lakh as compensation to the petitioner within 8 weeks, and adjust Rs. 5 lakh already paid. The bench also directed payment of interest at the rate of 6 per cent per annum to the petitioner if the amount is not paid to her within 8 weeks.The bench observed that MSRTC authorities, while denying compensation on the grounds that the deceased was not doing a driving job, took a “narrow view”, and “forgot the precarious situation prevailing during the Covid period when no one was ready to go out of the house for discharging their duties.”The bench, after perusing submissions and material on record, observed, “Even if the deceased was deputed to control the traffic, it does not mean that he was supposed to do the work by sitting in the office”.“In discharge of his duty, the deceased was supposed to interact and come in contact with the drivers and conductors who were actually involved in driving the buses, thereby exposing him to the same risk as the drivers and conductors. Considering the facts and circumstances, we are inclined to take a view so as to grant relief to the petitioner.”“The court can take a judicial notice that the life of the general public came to a standstill and the public services, including transport, were kept open for limited services. It was part of the duty of the husband of the petitioner to attend the job which he had done at the risk of his life,” the bench noted.Story continues below this adAllowing the plea, the bench added, “The court can take a judicial notice of the difficulties faced in arranging the medicines. The respondents cannot avoid their responsibility. Coronavirus was widespread. The governments have exercised the power under the Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897.”The deceased was deployed at the BEST bus depot in Wadala to supervise traffic, and worked there from March 24 to March 28, 2021. After falling ill, he took leave from March 29 to March 31 and returned to Manmad in Nashik district.After receiving treatment at a local dispensary, he tested positive for COVID-19 on April 5, 2021. He passed away two days later, on April 7, at the Sub-District Hospital in Yevala, Nashik district, due to COVID-related pneumonia.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt Ltd