Thread by @barandbench

Delhi High Court will today continue hearing petitions concerning #COVID19 issues in the national capital.

Hearing to take place before Justices Vipin Sanghi and Jasmeet Singh.

#DelhiCovid

@CMODelhi @LtGovDelhi

This was issue related to judicial officers.. court had directed a meeting. Significant developments have happened: Senior Adv Dayan Krishnan for Delhi Judicial Officers Association.

Things are adequate.. govt has appointed Principal Secretary (Law) as nodal officer; Krishnan

The only small issue is with respect to declaration of frontline workers. They have been declared as frontline for vaccination only. If there are any other benefits, that should also accrue to us. That needs to be looked into by govt : Krishnan

#DelhiHighCourt

Next is ex gratia compensation.. I'm sure government will look at this positively. Government is looking into it : Krisnan

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Senior Adv Rahul Mehra for Delhi govt says it is not adversarial.

Certain issues were flagged. Govt is looking into it and considering. Issues raised were favourably dealt with and others are being looked into. There are no other privileges wrt frontline: Mehra

Term was coined for benefits of vaccination. If there are other benefits, my friend on other side can inform: Mehra

If tomorrow the ambit expands, those benefits should also accrue : Krishnan

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Mr Mehra's intervention really helped : Krishnan

I'm greatful for acknowledgment. But it's an every day work : Mehra

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Adv Dheeraj says petition by av Tanveer Ahmed Mir may be heard later. L

What remains in this matter. We'll take it up after vacation: Court

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Association is here. They are here now : Court

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Court records order.

GNCTD has approached the whole matter in a positive manner: Cour records Krishnan's submissions.

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Committee appointed by Chief Justice, headed by Justice Mukta Gupta and comprising Justices Navin Chawla and Prathiba M Singh has issued directions in relation to expenditure incurred by judicial officers.. : Court records

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Court records that GNCTD has declared judicial officers as frontline workers for the purpose of vaccination.

If there are any other aspects in future, same shall be applicable in future: Court records GNCTD submissions.

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Adv Tanveer Ahmed Mir: I was only wanting to make a request if the authorities can be called upon to take a statement on reimbursement of Medical expenditure incurred by judicial members and court staff.

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Number of fatalities have taken place.. I'm gald we have incorporated committees. Fact remains that reimbursement can be done only by employers.. obviously on case to case verification basis: Mir

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Members had to go to all kinds of Hospitals. In private hospitals, 3-4 lakhs were asked first : Mir

There is enough case law available on this.. Committee has already been able to achieve (cash less facilities in empanelled Hospital): Court

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We expect State will act reasonably.. some dispute may be there. Those are specific instances that have to be dealt with. by and large, everything has been taken care of. We don't have to pass any blanket order at this stage: Court

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Mehra informs the Court that there is a system to deal with cases of employees of Delhi government employees and claims of judicial officers would be decided accordingly.

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We trust the Committee. It is taking pro active steps. What else can we ask for : Krishnan

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Mir says his Petition also deals with the staff.

Court says committee is also dealing with them.

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We've told you there can't be a blanket order.. why should we assume it won't be done: Court

#DelhiHighCourt

Decisions by the Committee pertain to court staff of this court and district courts: Court

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Court records order.

Court records submissions by Mir.

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Court records Mehra's submissions on the point of reimbursement.

There are sufficient judicial precedents available.. for non empanelled hospitals.. it would be premature for us to pass an order directing the govt to clear all claims. Each claim has to be examined, says Court

In our view, all issues in these Petitions stand addressed and we will dispose of these Petitions: Court

Court grants liberty to parties to come back in case of issues in the future.

#DelhiHighCourt

Court takes up the issue of medicines for black fungus.

#AmphotericinB
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Yesterday I said 14 are left. 10 were of emulsion. : Mehra

#AmphotericinB

Total cases that Delhi has is 613. 6k doses are required for those. 1k cases will require treatment in coming months: Mehra

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Number has risen to 613 to 197. It won't take two months to reach 1k cases : Mehra

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In this case we are concerned with one patient. We are not saying your estimation is not correct.. your indent on Centre is not justified.. but govt has to allocate to all.. You are not looking at requirment of other States. It can't be done like that : Court
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This would not have got but for the court's intervention.. the court may consider all patients.. voiceless, faceless patients are all before this court : Mehra

#DelhiHighCourt

We can't pass an order that give it to a or b at the cost of C. We won't be able to do that. If we were in excess supply, we would have passed the order : Court

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If you had zero stock, we would have said sorry to this patient: Court

#AmphotericinB

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My endeavour is to only show that every single opportunity, mechanism has been looked into, is being explored..in a more holistic manner court can look into. My endeavour is not to put something in a situation: Mehra

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There is a crunch. It is no solace to say that Centre is doing is best when there are other areas that can be explored : Mehra

We asked them to scout for it. We've already said all that : Court

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Mehra says Centre's statement on #AmphotericinB shouldn't be considered without any data or record.

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Adv Gautam Narayan says that another petition seeking #AmphotericinB will come up before the Court.

Amicus Rajshekhar Rao says State of Haryana has floated a global tender for the drug.

#DelhiHighCourt

We will have no difficulty floating tenders.. if that's the way, then be it. Vaccination was exactly the same issue : Mehra

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Isn't it prudent that whatever support centre wants from Delhi govt.. we will extend. But it has to and it must come from Centre. There is economies of scale.. : Mehra

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Government of India has a greater leverage than us.. but if you (centre) can make a statement, we will : Mehra

Adv Kirtiman Singh says steps are being taken by Centre and he would file a report.

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Court asks Ganga Ram hospital why it was not updating the portal for black fungus drug.

Delhi will not receive unless you update the portal. All hospitals are doing it. Why is Ganga Ram not doing it : Court

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Today I have enough doses for 12 patients for one day: Adv Ashish Mohan for Ganga Ram.

He says Ganga Ram is making requisitions as per a govt order.

#DelhiHighCourt

The information is to be given to the DM who gives to the DSO.: Singh

Yes, Our letter is to the DM. So thay govt collates data and gives it to the other govt. Ganga Ram is not giving to the DM : Mehra

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Mohan says he has to take instructions.

Court asks about the status of the present patient.

His allocation has been received by name.. unfortunately we have to work with the doses received: Mohan

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Adv Iqra Khalid for the patient says the vials will last only today and there is nothing for tomorrow.

Just because we missed one dose on 23rd, the infection spread to the orbit and sinus and two bones had to be removed: Khalid

#DelhiHighCourt

Allocation are on three days basis. We have to be hopeful.. once he has been recognised: Court

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Just because State is not able to procure, it is denying him right to life and right to dignified life : Khalid

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Court says it did pass an order on ICU bed for a patient but that didn't give him any preferential treatment.

We assume you will not make that kind of request: Court

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Since now allocation has been made and it's on a three day basis, there is no reason to assume that it won't be there. There are 80 patients being treated at Ganga Ram. If they don't have it for 79 patients.. then be it : Court

#DelhiHighCourt
#AmphotericinB

Mehra says supply would be made when Delhi govt gets the drug.

My hands are also tied.. I don't want to give false hope. If it comes.. : Mehra

#DelhiHighCourt

Mehra says Centre may inform if any supply was coming to Delhi.

They should have some backup. Some cushion for a day you should keep available: Court

300 are allocated to Delhi...if they could be expedited: Mehra

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Court says there still are 4 vails with Delhi govt and those can be utilised.

Mr Kirtiman, the gap is widening by the hour. It has to be on war footing. Please understand that fight.. every hour counts. We read it is available in Dubai, UAE : Court

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Waiting for a global tender may not be appropriate when people are losing half their face : Senior Adv Krishnan Venugopal as he says powers under Disaster management Act can be invoked.

#DelhiHighCourt

If the DDMA or the national authority were to make enquires from the distributor in Singapore, Dubai etc.. we may tide over the patients who need to be save immediately. Consideration of cost should not come in the way : Venugopal

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Cost can never be the factor: Mehra

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Mehra says procurement at Central Government level is easier.

Centre is the govt that has to do this. We are with them. We will incur the cost but procure it for us : Mehra

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It is not a question of cost but capacity: Singh

We are all doing what we can. Ganga Ram and others may consider giving black fungus drug in combination with another drug used to treat fungal infection.. gaps have to be filled by older option : Singh

#DelhiHighCourt

Doctors must have considered and that's why there are seeking one drug : Mehra

We are here to solve the immediate crisis.. we should not wait for global tender and but take from whatever source : Venugopal

#DelhiHighCourt

Nobody said tendor necessarily has to be floated : Singh

#DelhiHighCourt

If centre can make a statement that state government can source on its own, we will do it. Mr Venugopal can share the details of who is this supplier, we will do it : Mehra

I'll take instructions: Singh

#DelhiHighCourt

I'm sure as of now Centre has placed on record a timeline of supplies from India and abroad.. we have to tide over this period: Venugopal

#DelhiHighCourt

Don't look only at manufacturers but also distribution channels: Venugopal

We're doing that.. tomorrow the court will have a definite course of action : Singh

#DelhiHighCourt

If there are sources you have not tapped, there shouldn't be a problem ( if Delhi govt procures from there) : Court

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Singh agrees.

There is no confrontation or conflict: Singh

It nobody's case that Centre has put a ban on importing.. you've not monopolised : Court

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Venugopal says Centre should consider waving import duties on the medicines.

It around 30%... tomorrow we'll verify: Singh

Why should it even be 30%..after Justice Shakdher's judgement. Is it fair to levy duties at this time : Singh

#DelhiHighCourt
#blackfungus

You waive it till we tide over this problem: Court

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Adv Nidhi Mohan Parashar says customs is clearly imports expeditiously.

Court records order.

There is import duty payable..on the drug being used for treatment if black fungus.. considering the fact that the drug is required to save lives.. : Court

#DelhiHighCourt

we are of the view that Centre should seriously consider waiver of custom and other duties at least for the period it is in short supply in India and is required for treatment: Court

#DelhiHighCourt

We are hopeful that Centre would look to waive off.. we direct if import is made by any person, a bond may be taken from the importer without actual payment of duty till a decision is taken : Court

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Court says the bond should state that the importer shall pay the duties in case Centre decides to not waive off the duties.

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An assurance is given that the customs will clear consignment of medicines without any delay : Court

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The patient has been put in the system a and his need stands recognised: Court

We've requested the allocation : Mohan

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Court records submissions with respect to the petitioner seeking black fungus drug.

Petitioner has been included in the system.. we are hopeful that futher allocation shall be made while making it for other patients at Ganga Ram as well : Court

#DelhiHighCourt

Court records Mehra's submission that Ganga Ram has not been providing data to the DM on requirement on black fungus drug.

We'll leave it here. We'll take this aspect after lunch : Court

#DelhiHighCourt

Court says it will take up the COVID-19 petitions post lunch now.

Adv Sanjeev Sagar says Roche is selling antibody cocktail for Rs 60k.

What is the point? : Court

MRP. NPPA has to come into play : Sagar

#DelhiHighCourt

There are drugs for lakhs of rupees also..why should we say anything. Go to the NPPA. Don't raise everything under the sun : Court

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Hearing to resume at 2:15 pm.

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Hearing resumes.

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Mohan for Ganga Ram Hospital says it has the most number of patients for black fungus.

He says data would be given to the authorities.

#DelhiHighCourt

Court records the submissions.

We'll list this matter next week and see: Court

#DelhiHighCourt

Amicus Rajshekhar Rao makes submissions.

Says issue is of helpline and PSA plants installation in hospitals.

#DelhiHighCourt

Nodal officer has been appointed (to monitor supply and installation of PSA plants): Singh

We will file it with status report : Parashar.

Court records the submission.

#DelhiHighCourt

I've not been instructed on this. There should have been a nodal officer : Mehra for Delhi govt

We've indicated the nodal officer in our document : adv Satyakam for Delhi govt

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Mehra reads the document.

GNCTD has placed on record order dated 13 May. Mr GP Singh has been entrusted with the task (of PSA plants installation): Court records.

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What is the status of PSA plants? : Court

There are 41 PSA plants being commissioned by Delhi govt. 7 by GOI under PM cares and 11 under DRDO: Mehra

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Mehra reads the status report on PSA plants installation.

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19 are on its way.. 1 plant was delayed. It is likely to reach on 31 may.. : Mehra continues to read.

Mehra says there are bottling plants as well.

#DelhiHighCourt

4 plants of 6.66 capacity have been commissioned by centre under PM cares : Mehra continues to update.

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This is all work in progress.. we'll keep it on 4th (June): Court

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Court records the submissions made by Mehra.

It appears that works are being carried on in respect of most plants and work is in progress: Court

#DelhiHighCourt

Considering the fact that oxygen supply has stabilized, the presence of counsel representing LMO suppliers in dispensed with for the time being : Court

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Court takes up issue of helplines.

Ads as indicated are now coming.. : Mehra

I suggested that we are placing a comprehensive note on record on Saturday. Amicus can hold a meeting and all suggestions can be taken up and court can consider: Singh

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This was not just 1031 but more of a WhatsApp model to disseminate real time information: Mehra

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Mehra says he has suggested that tickers can be run at private channels to provide critical information.

#DelhiHighCourt

There was an issue of operability and accessibility of all numbers. Third was dissemination of these numbers. On this issue what I said was let me place our information on record.. the court may allow us to place a note before the Amicus: Singh

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Are we talking about local helplines? : Mehra

This are all India helplines and mental health helpline: Rao

#DelhiHighCourt

You circulate the note and hold a meeting: Court

Singh says this aspect may be taken up on June 3.

Court records the submissions.

Amicus would place the suggestions which emerge from the meeting for consideration: Court

#DelhiHighCourt

Meeting to be attended by Amicus Rao, Senior Advocate Rahul Mehra, Satyakam, Gautam Narayan and Kirtiman Singh.

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Amicus Rao raises issues pertaining to insurance.

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Adv Abhishek Nanda appears for IRDA.

#DelhiHighCourt

There are four policies. First, comprehensive health insurance policies. They cover hospitalisation cost of COVID 19. We issued circular clarifying that these cover COVID 19: Nanda

#DelhiHighCourt

Nanda says there are 2 COVID 19 specific policies - corona kavach and corona rakshak. Corona kavach is indemnity based and also covers home isolation. These are short term policies. Corona rakshak was not mandatory. It is benefit based for patients hospitalised for 72 hrs : Nanda

Nanda points out that there are 25 COVID insurance policies floated by insurance companies.

#DelhiHighCourt

Nanda says more than 26 lakh corona kavach policies were sold.

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Total more 31 lakh COVID specific policies were sold : Nanda

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Total claims settled till April 30 is over Rs 12 lakh : Nanda

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As far as publicity is concerned, we have issued press releases whenever required. They are available on website of every insurer. We have done publicity: Nanda

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Nanda says the 31 lakh+ policies cover over 1 crore people.

This is very miniscule in terms of the population of India. 130 crore is the total population: Court

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Nanda says policies cover people aged 18-65 years.

Data shows that people above 65 are in more need and you are excluding them..this is in the Nature of welfare mechanism: Court

These are standard policies: Nanda

These are not standard times: Court

#DelhiHighCourt

It defeats the purpose: Court

I'll take instructions : Nanda

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When the idea is to protect... I'm unable to see the logic : Court

You've to increase the insurance base and then subsidise : Court

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If we were to ask the governments to at least tell their employees that these are the policies... We can't thrust upon them.. so that more and more people would get covered.. and frontline workers: Court

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Government employees generally have group insurance policy. The only problem is home care treatment that is not covered.. hospitalisation is covered: Nanda

Are they cashless: Court

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Depends on agreement with the hospitals: Nanda

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Adv Amit Mahajan says why should home care treatment expenses not be covered in existing policies when beds were not available.

Court says IRDA should look into it.

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There are huge number of blood tests that are so expensive.. patient ends up paying 50-60k: Mahajan

This is raise the premium: Nanda

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12 thousand 60 crore has already been given : Nanda

In PIL we can't get into this nity gritty. It seems unfair..now IRDA is covering home care also : Court

My suggestion is they should put it in the existing policies: Mahajan

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The standard policy is based on indemnity and terms and conditions are sacrosanct.. there are people who despite best efforts couldn't get bed.. they were denied bed. That aspect IRDA can consider. If somebody could verify on case to case basis: Rao

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People who deserve it, should get it : Rao say he suggests that it should be seen how many COVID claims were rejected on account of non hospitalisation.

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Adv Rakesh Malhotra says his claim was rejected by the insurer because he was discharged after 23 hours of hospitalisation.

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I don't think I spent more than 20k on my treatment: Nanda

You are lucky: Court

Nanda says the premium is as low as Rs 155 of COVID specific policies.

#DelhiHighCourt

If you were to compare the premium collected with amount disbursed, premium would be much more. Insurance companies are not doing charity: Court

#DelhiHighCourt

If we were to say that Centre or State govt should tell their employees that they can take these policies.. : Court

Most have group health insurance.. most will cover COVID hospitalisation. COVID specific policies were for population which didn't have insurance: Rao

If people have bought the policy.. we don't have the number of rejections and on what ground. If these were because of practical problems on the ground, that may warrant some interference: Rao

#DelhiHighCourt

Rao says policies cover 14 days when a lot of people have spent more than that.

He also raises issue of persons who received hospital like treatment at home.

Oxygen cylinders are covered : Nanda

If I've a concentrator, that won't be covered: Rao

#DelhiHighCourt

Court asks if black fungus would be covered in the COVID specific policies.

These are for 14 days.. there are other policies. These are standard policies for few things : Nanda

#DelhiHighCourt

You can ask your insurance companies to hold camps. Do you issue such directions? : Court

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We generally don't force that terms and conditions be added. Everything is calculated: Nanda

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Rao suggests if extra premium could be paid by the governments for extra cover.

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You can put it across to centre through Mr Mahajan. Beyond that we can't.. : Court

Absolutely : Rao

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If 20k fell sick, only 5k got beds.. government should consider covering them also.. in third wave also, 80% will not get beds: Mahajan

Mahajan suggests rolling out a prospective policy addition on this aspect.

#DelhiHighCourt

Two suggests have come- IRDA could be asked to consider issuing directions to relax the requirement of Hospitalisation. Second is the existing policy to include the COVID kavach policy on payment of premium : Court

Whichever company it is, why can't they add the corona kavach and add this premium : Court

Premium would be very high : Nanda

#DelhiHighCourt

We are not issuing a direction. We're saying consider. We can't do that.. these are practical things : Court

#DelhiHighCourt

Court begins dictating the order, records submissions.

#DelhiHighCourt

It appears that IRDA has taken steps to mitigate sufferings of people on account on covid. There are couple of issues IRDAI should consider.. : Court

#DelhiHighCourt

As a matter of common knowledge and we can take judicial notice of the same, for about 3-4 weeks when the current wave was at its height, there was acute shortage of hospital beds, not only in NCT of Delhi but also all over the country: court

Those who required Hospitalisation were not able to secure beds much less ICU and ventilator beds. Thus, dozens of patients who required Hospitalisation had to take treatment at home : Court

#DelhiHighCourt

The insurance policies issued by companies which have been in existence do not cover claims unless one is hospitalised. It only only corona kavash policy..which covers domiciliary care : Court

#DelhiHighCourt

Large number of people would not be able to receive any benefit only because they couldn't get hospitalisation for no fault of their own. IRDAI may examine whether claims in such cases could be considered and under what terms and conditions: Court

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Needless to state that it has to take place after consultation between IRDAI and insurance companies: Court

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This is the aspect that needs to be considered: Court

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Court records suggestions that the existing policy holders can be sent an SMS asking them if they want to be included in the corona kavach policy upon payment of additional premium.

#DelhiHighCourt

This would extend the reach of corona kavash policy to a large number of people.. the aforesaid reasonable and valid concerns.. we direct IRDAI to examine these aspects and place a status report within four weeks : Court

#DelhiHighCourt

This aspect to be considered on July 14.

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Mahajan says import of amphotericin B would be included in the notification exempting import duty on import of life saving drugs for personal use.

Court records submission.

Is there a list of life saving drug? : Mehra

#DelhiHighCourt

Mahajan says that his statement is ok instructions.

He clarifies that the import has to be done through a relative or someone overseas.

I can't buy anything from a store abroad : Mahajan

#DelhiHighCourt

I can find out if person can buy it or out. I will still find out : Mahajan

Discussion was if Delhi govt was to buy from a wholesaler abroad. Govt won't have a relative : Court

#DelhiHighCourt

Government... I've to find out. Individual would be covered : Mahajan

In various scenarios it will not apply: Mehra

#DelhiHighCourt

Mahajan asks Court to not pass the order today.

Court says it will not change the order.

You consider if it's not covered : Court

#DelhiHighCourt

Hearing over.

#DelhiHighCourt