ex gratia : judgement

In this time of covid-19, the people of India are suffering with this fatal virus. Many citizens died, it causes many problems to their families and losses too. It is a big disaster and continuously the people are dying with this pandemic.

The families who had lost their members, filed PIL (PUBLIC INTREST LITIGATION) in the Supreme court, for ex-gratia.

What is Ex- gratia?

An ex gratia payment is made to an individual by an organization, government, or insurer for damages or claims, but it does not require the admittance of liability by the party making the payment. An ex gratia payment is considered voluntary because the party making the payment is not obligated to compensate the individual. In Latin, “ex gratia” means “by favor.”

Held-

In the PIL the petitioners highlighted the 2015 notification which required the government an ex-gratia of RS 4 lakh to each aggrieved once family under section 12 of disaster management act.

But the court said “Not proper for the court to ask government to pay a particular amount”. Here the government clarifies that government has scarce of resources and government unable to provide 4 lakh to each aggrieved person’s family.

After looking towards the aggrieved party, court held that the government could not excuse itself to its duty to pay ex-gratia by saying that such payment is huge and the government has scares of resources.

REFERENCE-

  1. https://timesofindia.indiatimes.com/india/sc-asks-ndma
  2. https://www.thehindu.com/news/national/covid-19
  3. https://www.investopedia.com/terms/e/ex-gratia-payment.asp

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs

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