Smti. Akani Medhi vs The State Of Assam And 5 Ors
2024 Latest Caselaw 5242 Gua

Gauhati High Court

Smti. Akani Medhi vs The State Of Assam And 5 Ors on 29 July, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010125282022




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

                         Case No. : WP(C)/4688/2022

         SMTI. AKANI MEDHI
         VILL.- CHATOKAMAR, P.S. PATACHARKUCHI, DIST. BARPETA, ASSAM,
         PIN- 781318.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
         DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          REVENUE (RELIEF AND REHABILITATION) AND DISASTER
         MANAGEMENT DEPARTMENT
          DISPUR
          GHY-06.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GHY-06.

         4:THE DEPUTY COMMISSIONER
          BARPETA
          PIN- 781301.

         5:THE CIRCLE OFFICER

          SARUPETA REVENUE CIRCLE
          PIN- 781318.

         6:THE OFFICER-IN-CHARGE
          SARUPETA OUTPOST
                                                                     Page No.# 2/4

           PIN- 781318
           ASSA




Advocate for the petitioner(s): Ms. R Dutta


Advocate for the respondent(s): Mr. N Goswami
                                Government Advocate, Assam
                                Mr. A Bhattacharjee
                                Standing counsel
                                Revenue Department,
                                Government of Assam.


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                    ORDER

29.07.2024

Heard Ms. R Dutta, the learned counsel appearing on behalf of the petitioner. Also heard Mr. N Goswami, the learned Government Advocate, Assam appearing on behalf of the State respondents and Mr. A Bhattacharjee, the learned standing counsel appearing on behalf of the Revenue Department, Government of Assam.

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 FIR which has been filed. In the said FIR, it is seen that a two-wheeler bearing Page No.# 3/4

Registration No.AS 15-H-6002 had hit the husband of the petitioner from the back side and, thereupon, the husband of the petitioner succumbed to the injuries and expired.

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 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/ groupclash/ 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 Page No.# 4/4

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."

5. Taking into account the above proposition as laid down by the Coordinate Bench 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. Writ petition, accordingly, stands disposed of.

JUDGE

Comparing Assistant