Bombay High Court Directs MSRTC to Pay Rs 50 Lakh Compensation to Covid Victim's Widow
The Bombay High Court has issued a significant ruling, ordering the Maharashtra State Road Transport Corporation (MSRTC) to provide compensation of Rs 50 lakh to the widow of an employee who tragically lost his life to Covid-19 during the pandemic's devastating second wave in April 2021.
Court Rejects MSRTC's Narrow Interpretation of Essential Services
A division bench comprising Justices Makarand Karnik and Shriram Modak, in their order dated February 24, firmly established that widow Sunita Bapu Jagtap was legally entitled to compensation for her husband's death. The court's decision came after Sunita Jagtap challenged MSRTC's repeated rejections of her claim in January 2022 and March 2023.
The transport corporation had previously argued that her husband, Bapu Jagtap, was not assigned to essential services and did not work as a driver involved in interstate transport, therefore making him ineligible for compensation under their policies.
Judicial Recognition of Pandemic Realities
The High Court strongly criticized MSRTC for taking what it described as a "narrow view" of the situation. The bench emphasized the extraordinary circumstances during the Covid-19 pandemic, when fear gripped the nation and many were reluctant to leave their homes for work.
The court specifically noted that Bapu Jagtap could have contracted the virus while performing his official duties, highlighting the inherent risks faced by employees who continued working during the public health crisis.
Essential Services During National Lockdown
In their detailed observation, the justices acknowledged that while public life had largely come to a standstill during the pandemic, limited public services including transportation continued operating. The court stated that "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 firmly held that MSRTC could not avoid its responsibility toward employees who worked during this challenging period, ultimately directing the corporation to pay the substantial compensation amount to the petitioner.
Employee's Service Details and Timeline
Bapu Jagtap was posted at the BEST bus depot in Wadala, where he served as a supervisor responsible for traffic management from March 24 to March 28, 2021. His death occurred in April 2021, during one of the most severe phases of the pandemic in India.
This landmark ruling establishes an important precedent for how courts interpret employer responsibilities toward employees who contracted Covid-19 while performing their duties during the pandemic, particularly in essential service sectors.
