The Supreme Court on Monday advised a man seeking compensation for a physical disability allegedly caused by the Covishield vaccine to explore filing a civil suit for damages instead of pursuing relief through a writ petition.

A Bench comprising Justices BR Gavai and AG Masih was hearing the matter filed by petitioner Praveen Kumar, who has claimed that he developed 100% lower limb disability after receiving the first dose of the Covishield vaccine.

He has approached the Court seeking compensation, medical support, and systemic changes in how vaccine-related injuries are addressed in India.

At the outset, Justice Gavai questioned the maintainability of a writ petition in such a matter and remarked, “How can a writ petition be filed for this? File a suit for damages.” The judge emphasized that writ petitions in such cases may remain pending for years, whereas a civil suit could offer quicker and more effective relief.

“If you keep the petition pending here, nothing will happen here for 10 years… you will only have hope that the matter is pending… At least if a suit is filed, in 1 year, 2 years, 3 years, you may get some relief,” Justice Gavai said.

In response, the petitioner’s counsel pointed out that two similar petitions are already pending before coordinate benches of the Court, where notice has been issued. He urged that this plea could be tagged with those ongoing matters. The Bench acknowledged this possibility but reiterated that a civil suit might still serve the petitioner’s interests better.

Following the exchange, the petitioner’s counsel sought time to obtain further instructions, and the matter was adjourned.

Background of the Case

The petitioner, through Advocate-on-Record Purushottam Sharma Tripathi, filed the writ petition seeking directions against the Union of India (Ministry of Health and Family Welfare) and the Serum Institute of India (manufacturer of Covishield vaccine) to:

• Provide him with necessary support to live a dignified life as a person with physical disability;

• Reimburse medical expenses already incurred and take responsibility for future treatment;

• Award compensation for the disability, if found to be permanent and untreatable.

Additionally, the petitioner has requested the formulation of guidelines to effectively resolve cases of Adverse Events Following Immunization (AEFI), especially in the context of the Covid-19 vaccination programme. He alleges that standard protocols were not followed during the vaccination and pre-vaccination stages.

The plea invokes constitutional rights under Articles 14, 19, and 21 and relies on legal principles such as parens patriae, absolute liability, and restitutio in integrum.