Page No.# 1/6 vs The State Of Assam And 3 Ors
2024 Latest Caselaw 5880 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 3 Ors on 14 August, 2024

                                                                   Page No.# 1/6

GAHC010154952022




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

                         Case No. : WP(C)/5140/2022

         SMT. RANI DEVI AND 2 ORS.
         W/O- LATE ABHIMANYU KUMAR SINGH,
         PERMANENT RESIDENT OF VILL. CHAND PARSA, TOLA MUSAHARI,
         WARD NO. 13, P.O.- BHAGWATIA, P.S. KESHARIA, DIST.- EAST
         CHAMPARAN, STATE- BIHAR, PIN- 845432.
         PRESENT ADDRESS- C/O. SRI MRIGEN BARUAH, R/O- SONAPUR, 2 NO.
         JYOTINAGAR, NEAR BSNL OFFICE, P.O. AND P.S.- SONAPUR, DIST.-
         KAMRUP(METRO), ASSAM, PIN- 782402.

         2: RISAV KUMAR
          S/O- LATE ABHIMANYU KUMAR SINGH
          PERMANENT RESIDENT OF VILL. CHAND PARSA
         TOLA MUSAHARI
         WARD NO. 13
          P.O.- BHAGWATIA
          P.S. KESHARIA
          DIST.- EAST CHAMPARAN
          STATE- BIHAR
          PIN- 845432.

         PRESENT ADDRESS- C/O. SRI MRIGEN BARUAH
          R/O- SONAPUR
          2 NO. JYOTINAGAR
          NEAR BSNL OFFICE
          P.O. AND P.S.- SONAPUR
          DIST.- KAMRUP(METRO)
          ASSAM
          PIN- 782402.
         (AS PETITIONER NO. 2 IS A MINOR
          THEREFORE HE IS REPRESENTED BY THE PETITIONER NO. 1 AS
         NATURAL GUARDIAN).

         3: SMTI. GITA DEVI
         W/O- LATE MITRADEV SINGH
          PERMANENT RESIDENT OF VILL. CHAND PARSA
                                                                       Page No.# 2/6

           TOLA MUSAHARI
           WARD NO. 13
           P.O.- BHAGWATIA
           P.S. KESHARIA
           DIST.- EAST CHAMPARAN
           STATE- BIHAR
           PIN- 845432.

          PRESENT ADDRESS- C/O. SRI MRIGEN BARUAH
          R/O- SONAPUR
          2 NO. JYOTINAGAR
          NEAR BSNL OFFICE
          P.O. AND P.S.- SONAPUR
          DIST.- KAMRUP(METRO)
          ASSAM
          PIN- 782402

          VERSUS

          THE STATE OF ASSAM AND 3 ORS.
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
          GOVERNMENT OF ASSAM, REVENUE (RELIEF AND REHABILITATION)
          AND DISASTER MANAGEMENT, DISPUR, GUWAHATI- 781006.

          2:THE DEPUTY COMMISSIONER KAMRUP (METRO)
          AT GUWAHATI ASSAM P.O. AND P.S.- PANBAZAR 781001.

          3:THE CIRCLE OFFICER SONAPUR REVENUE CIRCLE
           P.O. AND P.S. SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782402.

          4:THE OFFICER-IN-CHARGE SONAPUR POLICE STATION
           P.O.- SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782402

Advocate for the Petitioner : MR. R Deka, S I AKAND,MR A CHOUDHURY
Advocate for the Respondent : SC, REVENUE, GA, ASSAM

                                BEFORE
               HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                     ORDER

Date : 14.08.2024

Heard Mr. S. I. Akand, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned standing counsel, appearing on behalf of Revenue, Relief, Rehabilitation and Disaster Management Department, Assam.

Page No.# 3/6

2. The petitioner, in the present proceeding, has prayed for a direction upon the respondent authorities to authorize to him an ex-gratia amount of Rs. 2,00,000/-(Rupees Two Lakhs) on account of the death of late Abhimanyu Kumar Singh who was the husband, father and son of petitioners No. 1, 2 & 3, respectively.

3. As projected in the writ petition, late Abhimanyu Kumar Singh had met with an accident on 15.08.2021 while returning from his working place towards his house situated at Sonapur. At around 10.15PM, when he had reached the Sonapur College Gate, an unknown vehicle hit him and fled away. As a result of the said accident, he sustained grievous injuries on his person including head injury. He was, thereafter, taken to Sonapur District Hospital. However, he was declared brought on dead.

4. The petitioners, herein, being the next of kin of Abhimanyu Kumar Singh, had submitted applications before the Deputy Commissioner, Kamrup(M), claiming compensation in terms of the Notification, dated 15.11.2014. However, the said application of the petitioners not being considered in the manner required and the amount so due to them, not being released; led to the institution of the present proceeding before this Court.

5. Mr. Akand, learned counsel for the petitioners, by reiterating the facts as noticed hereinabove; submits that the accident involved, is a clear case of hit- and-run and the vehicle which has hit Abhimanyu Kumar Singh, has not been identified till date. The learned counsel further submits that the police on conclusion of the investigation, has submitted a Final Report vide FR No. 451 dated 30.09.2021.

6. In view of the above position, it is the contention of Mr. Akand, learned counsel for the petitioner that the case of the petitioners, herein, is covered by Page No.# 4/6

the stipulations made in the Notification, dated 15.11.2014.

7. The issue similar to the one as raised in the present proceeding, has also arisen before this Court in the proceeding of WP(c)2100/2019[Gunalata Das v. State of Assam & ors.] and this Court, on consideration of the Notification, dated 15.11.2014; vide order, dated 04.05.2019, proceeded to conclude as follows:

"To be entitled to such ex gratia payment, the person must be killed due to accident in public places or in public carriers with the clarification that such death must not occur due to violence by extremists/terrorists/miscreants or due to firing of security forces which are covered under different heads. As per Oxford Dictionary Thesaurus & Word Power Guide, Indian Edition, 'public places' has been defined to mean places open to the public i.e., accessible to all, available, free, unrestricted, community. On the other hand, the word "carrier" is a noun which conveys the meaning of bearer, conveyor, transporter, porter, courier, haulier. If the word "carrier" is used in conjunction with the word "public", it would mean bearer, conveyer, transporter, porter etc. which is open to the public. Therefore, the expression "public carrier" would mean a carrier which is used by the public. Thus, to be entitled to ex gratia relief in terms of the notification dated 15.11.2014, the person must be killed due to an accident in public place or in public carrier, which undoubtedly are wide expressions as per the definitions considered above. This is more so because this notification is a beneficial one intended to provide immediate relief to persons who are in distress. Therefore, such a notification is required to be given a liberal and wide interpretation to ensure that benefit provided reaches the intended beneficiaries.

Being a beneficial provision, people should be made aware of such notification. Therefore, Revenue and Disaster Management Department in association with the Assam State Legal Services Authority should create awareness about this notification."

8. Per contra, Ms. Bordoloi, learned standing counsel, Revenue, Relief, Rehabilitation and Disaster Management Department, Assam, has placed her reliance on a decision rendered by this Court in the case of Monisa Khatun @ Monisha Khatun v. State of Assam & ors., vide judgment & order, dated 21.06.2024, in WP(c)2700/2023, and contends that the present writ petitioners would not be entitled to receive the compensation in the matter and if any compensation is to be so received for the death occasioning to Abhimanyu Kumar Singh, they are required to institute appropriate proceedings before the jurisdictional Motor Accident Claim Tribunal.

Page No.# 5/6

9. I have considered the rival submissions advanced by the learned counsels appearing for the parties and also perused the materials available on record.

10. This Court, vide the judgment & order, dated 21.06.2024, passed in WP(c)2700/2023, have held that the ex-gratia payment would be extendable to a person killed in a motor accident in a public place or in a public carrier. This Court further in the case of Monisa Khatun @ Monisha Khatun (supra) had noticed that the Government of Assam vide Notification, dated 31.10.2023, had already excluded the cases of the motor accidents, except hit-and-run and third-party (not travelling in vehicle) persons hit by vehicles at public places, from the purview of the Notification, dated 15.11.2014. Accordingly, the death of Abhimanyu Kumar Singh having occasioned as contended by the petitioners, herein, on account of a hit-and-run accident; his case would come within the purview of the said Notification, dated 15.11.2014.

11. In view of the above conclusions; the Principal Secretary to the Government of Assam, Revenue, Relief, Rehabilitation and Disaster Management Department, is hereby directed to cause an inquiry into the claim as made by the petitioners, herein, and on ascertaining the factum of death as occasioning to Abhimanyu Kumar Singh and if found to be covered by the provisions of the Notification, dated 15.11.2014; proceed to have the case of the petitioners, processed for release of the ex-gratia amount as due to them in terms of the provisions of Notification, dated 15.11.2014.

12. It is hereby further provided that the Principal Secretary to the Government of Assam, Revenue, Relief, Rehabilitation and Disaster Management Department, may have the inquiry caused through the jurisdictional Deputy Commissioner and thereafter, on receipt of a necessary report in this connection; proceed further with the matter to examine as to whether the claim of the petitioners, herein, is Page No.# 6/6

covered by the provisions of the Notification, dated 15.11.2014.

13. The exercise as now required to be carried-out in terms of the directions passed by this Court hereinabove, shall be so initiated and completed within a period of 3(three) months from the date of receipt of a certified copy of this order.

14. With the above directions and observations, this writ petition stands disposed of.

JUDGE

Comparing Assistant