In a significant relief to the widow of an MSRTC employee who died during the COVID-19 pandemic, the Bombay High Court has directed the Maharashtra State Road Transport Corporation (MSRTC) to pay ₹45 lakh as compensation.
The court held that the transport body had taken an unduly narrow view of its own circular while rejecting the widow’s claim for ₹50 lakh ex-gratia compensation.
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The ruling came in Smt. Sunita Bapu Jagtap v. Maharashtra State Road Transport Corporation Ltd. & Ors.
Background of the Case
Bapu Jagtap, an MSRTC employee, was deputed to the Wadala Depot of BEST in March 2021 to supervise excess traffic during the pandemic. He joined duty on March 24, 2021.
Within days, he fell ill. After seeking leave and returning to his native place in Nashik district, he tested positive for COVID-19 on April 5, 2021. He died on April 7, 2021, at a sub-district hospital in Yeola. The medical certificate recorded respiratory failure due to COVID pneumonia.
His wife, Sunita Jagtap, applied for ₹50 lakh compensation under a June 1, 2020 MSRTC circular issued in line with a State Government Resolution granting ex-gratia assistance to employees who died due to COVID while on duty.
However, MSRTC rejected her claim through letters dated January 21, 2022, March 5, 2022, and March 2, 2023. The corporation said her husband was not assigned “essential services” and was not a driver engaged in interstate transport. Instead, she was paid ₹5 lakh under a separate circular meant for cases not covered by the ₹50 lakh scheme.
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Arguments Before the Court
The petitioner argued that the benefit of the ₹50 lakh scheme was not limited only to drivers. Her counsel submitted that her husband was actively supervising traffic at a busy depot and was exposed to the same risks as drivers and conductors.
On the other hand, MSRTC maintained that the scheme applied only to specific categories such as drivers, conductors, controllers, and security guards who were in direct contact with passengers. Since the deceased was not a driver or conductor, he did not qualify, the corporation contended.
Court’s Observations
The Division Bench of Justices M.S. Karnik and S.M. Modak examined the Government Resolution and subsequent circulars.
The court noted that the State had extended the benefit of the scheme to employees of local bodies and State public undertakings, including MSRTC.
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It observed that during the pandemic, public transport services continued in a limited but essential manner, and employees had to report for duty despite serious risks.
“The respondents have taken a narrow view of the Circular,” the bench remarked. It further noted that courts can take judicial notice of the “precarious situation prevailing during COVID period when no one was ready to go out of house for discharging their duties.”
The judges emphasized that supervising traffic at a depot was not a desk job. The deceased had to interact with drivers and conductors, thereby exposing himself to the same risk of infection.
Relying on earlier decisions, the bench reiterated that welfare schemes framed during the pandemic must not be interpreted in a restrictive manner.
“It was part of duty of the husband of the petitioner to attend the job which he has done at the risk of his life,” the court observed.
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The Decision
Allowing the writ petition, the High Court set aside the rejection letters issued by MSRTC.
The bench directed MSRTC to pay ₹45 lakh to the petitioner within eight weeks, after adjusting the ₹5 lakh already paid.
The court further ordered that if the amount is not paid within the stipulated period, interest at 6% per annum will apply until realization.
With these directions, the petition was disposed of.
Case Title: Smt. Sunita Bapu Jagtap v. Maharashtra State Road Transport Corporation Ltd. & Ors.
Case No.: Writ Petition No. 5699 of 2024
Decision Date: 24 February 2026
