The Supreme Court on Monday asked a PIL petitioner to file a civil suit for compensation instead of directly approaching it over alleged side effects suffered after being administered the Covid-19 emergency-authorised vaccine.

The bench of Justice B.R. Gavai and Justice George Augustine Masih told the petitioner’s counsel that it would be better if a suit was filed in the civil court for compensation as the same may be adjudicated within two to three years, whereas, if the matter is to be decided in the Supreme Court it would take over 10 years.

Justice Gavai, heading the bench, asked: “How can you file a writ petition? File a suit for damages.”

“Otherwise if you keep the petition pending here, nothing will happen for 10 years. At least, if you file a suit, your matter will get over in one, two or three years, you will get some amount…”

The bench made the observation while hearing the plea for a direction to lay down appropriate guidelines for an effective resolution of side effects following immunisation (AEFI) with specific reference to Covid-19 vaccination.

The petitioner had claimed that after being administered the Covid-19 vaccine, he had suffered permanent disability, particularly in the lower limbs, for which he needs constant medical care and life support.

He wanted a direction to grant him compensation besides reimbursement of his medical treatment.

The plea sought a direction to the Centre and the manufacturer of the Covishield
vaccine, Serum Institute
of India, to ensure the petitioner was able to live with
dignity as a physically
disabled person.

The counsel for the petitioner sought permission of the court to consult his client to examine whether he wants to withdraw the petition and file a suit for compensation.

Accordingly, the court adjourned the matter to enable the petitioner to come out with his response on the issue.

The matter was then posted after a week.

Additional reporting by PTI