Smti Jina Deka vs The State Of Assam And 5 Ors
2024 Latest Caselaw 5663 Gua

Gauhati High Court

Smti Jina Deka vs The State Of Assam And 5 Ors on 7 August, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010207552023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5507/2023

         SMTI JINA DEKA
         W/O LT. DURGESWAR DEKA, VILL-BELTOLA, P.O.-DHARAMTUL, P.S.-
         DHARAMTUL, DIST-MORIGAON, ASSAM, PIN-782425



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., RELIEF
         AND REHABILITATION BRANCH, DISPUR, GUWAHATI-06

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI-06

         3:THE DEPUTY COMMISSIONER
          NAGAON
          P.O.-NAGAON
          DIST-NAGAON
         ASSAM

         4:THE SUPERINTENDENT OF POLICE
          NAGAON
          P.O.-NAGAON
          DIST-NAGAON
         ASSAM
          PIN-782001

         5:THE OFFICER -IN- CHARGE
          KAMPUR POLICE STATION
          P.O.-KAMPUR
                                                                       Page No.# 2/4

           DIST-NAGAON
           ASSAM
           PIN-782426

           6:THE CIRCLE OFFICER OF MORIGAON REVENUE CIRCLE
            P.O.-MORIGAON
            DIST- MORIGAON
           ASSAM
            PIN-78210

For the petitioner (s)    : Mr. A. Rahman, Advocate

For the respondent (s) : Mrs. S. Sarma, Govt. Advocate
                     Mr. A. Bhattacharjee, Advocate

                                BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH
                               ORDER

07.08.2024

Heard Mr. A. Rahman, the learned counsel appearing on behalf of the petitioner and Mr. A Bhattacharjee, the learned counsel appearing on behalf of the Revenue Department as well as Mrs. S. Sarma, the learned counsel appearing on behalf of the State respondents.

2. The petitioner herein has approached this Court being aggrieved by the inaction on the part of the respondent authorities in releasing the ex- gratia amount of Rs.2,00,000/- in terms with the Notification dated 15.11.2014.

3. This Court duly takes note of the materials on record including the Police Report. From a perusal of the record as well as the Police Report, it is seen that on 06.03.2021, at about 10:00 a.m., the husband of the petitioner, namely, Durgeswar Deka was knocked down by an EON car bearing Registration No.AS-02P-0336 at Kakatigaon Balimahal Road as a Page No.# 3/4

result of which the husband of the petitioner died on the spot.

4. This Court takes note of the judgment passed by a Coordinate Bench of this Court dated 21.06.2024 in the case of Monisa Khatun @ Monisha Khatun vs. the State of Assam and 5 Ors . {WP(C)No.2700/2023}. In the

said judgment, the Coordinate Bench of this Court categorically held that the Notification dated 15.11.2014 cannot be read to be applicable in respect to all accidents except hit and run case where the offending vehicle remain unidentified in the Final Form after the police investigation. Paragraphs Nos.16 and 17 of the said judgment being relevant are reproduced hereinunder:

"16) The question is whether petitioner is entitled for ex gratia compensation under notification dated 15.11.2014, when just and fair compensation for accident involving motor vehicle accident can be otherwise claimed before the Motor Accident Claims Tribunal.

17) The notification dated 15.11.2014, envisaging grant of compensation is found to be relatable to provide ex gratia and financial assistance to the persons who were killed/ injured due to extremist violence/terrorist violence/ acts of miscreant/ communal violence/ ethnic violence/ group-clash/ firing of security forces/ accident, etc., who were kidnapped/ abducted by the extremist/ terrorist/ miscreants and whose dwelling houses are fully burnt/ damaged whether due to acts of extremist/ terrorist/ miscreants or during communal violence/ ethnic violence/ group clash. Therefore, accident must be in connection with acts committed by extremist, terrorist, or miscreants, or accidents arising out of group clash, communal violence, and ethnic violence.

The said notification dated 15.11.2014, cannot be read as if all persons suffering from any accident except hit and run case where the offending vehicle remain unidentified in the Final Form after police investigation, would become entitled to ex gratia where other statutory remedy is available."

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5. Taking into account the above proposition as laid down by the Coordinate Bench of this Court and the fact that the vehicle in question which had caused the accident has been duly identified, the petitioner herein would not be entitled to the benefit in terms with the Notification dated 15.11.2014. Be that as it may, this Court observes that the instant order shall not preclude the petitioner to avail other statutory remedies as provided under the Motor Vehicles Act, 1988.

6. Accordingly, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant