Gauhati High Court
Rabindra Nath Ray vs The State Of Assam And 5 Ors on 13 May, 2024
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GAHC010153742022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5090/2022
RABINDRA NATH RAY
S/O- LT. MONARANJAN SARKAR,
VILL.- BATUATOLI, P.S. GOLOKGANJ,
DIST.- DHUBRI, ASSAM, PIN- 783334.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE ( R AND R) AND DISASTER MANAGEMENT
DEPARTMENT, DISPUR, GHY-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM FINANCE DEPARTMENT
DISPUR GHY-6.
3:THE DEPUTY COMMISSIONER
DHUBRI ASSAM PIN- 783301.
4:THE SUPERINTENDENT OF POLICE
DHUBRI ASSAM PIN NO. 783301.
5:THE OFFICER-IN-CHARGE
GOLOKGANJ POLICE STATION
DHUBRI ASSAM PIN- 783334.
6:THE CIRCLE OFFICER
GOLOKGANJ REVENUE CIRCLE
GOLAKGANJ DHUBRI
ASSAM PIN- 783334
Advocate for the Petitioner : MD H R AHMED
Advocate for the Respondent : SC, REVENUE
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 13.05.2024
Heard Mr. H. R. Ahmed, learned counsel for the petitioner and Mr. D. Nath,
learned Senior Government Advocate for the State respondents. Also heard Ms.
N. Bordoloi, learned Standing Counsel, Revenue Department and Mr. B. Gogoi,
learned counsel for the respondent No. 2.
2. By way of this writ petition, the petitioner is seeking ex-gratia grant of Rs.
2 Lakh in terms of the notification dated 15.11.2014 on the ground that the
mother of the petitioner expired due to an accident.
3. The case of the petitioner is that on 22.02.2019 at about 6.15 P.M., when
the mother of the petitioner was going to grocery shop, the driver of one
tractor, bearing registration No. AS-17C/0335, knocked her on the village road,
resulting her death.
4. I have heard the learned counsels at length and perused the materials
available on record.
5. Mr. D. Nath, learned Senior Government Advocate fairly submits that the
instant case is covered by the notification dated 15.11.2014 for granting ex-
gratia compensation to the petitioner, whose mother was died due to an
accident in the public place. The relevant portion of the notification dated
15.11.2014 is extracted hereunder for ready reference:-
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Sl. No. Nature of Incident Quantum of relief
3. Ex-gratia to the NOK of person Rs.2,00,000.00
killed due to acceding in public
places or in public carriers (other
than killed by
extremist/terrorist/miscreants and
due to the firing of security force)
6. A perusal of the serial No. 3 of the aforesaid notification abundantly
revealed that the petitioner's mother, who was killed in the accident in the
village public road, is entitled to the compensation of Rs. 2 Lakh.
7. Further the decision of this Court in the case of Lakshi Das vs.
Gyanendra Dev Triparthi reported in 2023 2 GauLT 850 clearly covers the
issue in hand. Para Nos.10, 15, 19, 20, 21 of the aforesaid judgment is
extracted hereunder for ready reference as follows:-
"10. The only consideration that the respondent authorities are required to
undertake upon such claim for ex-gratia payment being made on account of
death caused to a person in a motor accident is-
(i) Whether the accident as per the records had actually taken place;
(ii) Whether the person for whose death the ex-gratia is claimed was
actually involved in such motor accident and due to such accident death was
caused to the person concerned;
(iii) Whether the person claiming ex-gratia is in fact the next of kin of the
person who had died in the motor accident and the person concerned is
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otherwise entitled to the payment to the exclusion of all others, who also may
have similar claim, in other words, there has to be a determination on the class
of legal heirs of the deceased who may have made the claim; and
(iv) Whether the payment of ex-gratia in respect of the death caused to
the person concerned in a motor accident had not been earlier claimed and paid
to any other person.
Upon determination by the authorities, if the aforesaid four conditions are
held to be in favour of the claimant, we see no reason why under the law, the
ex-gratia payment of Rs. 2, 00, 000/- would not be paid to the person claiming
such ex-gratia. If for any reason the authorities are of the view that the person
claiming for the ex-gratia payment would not be entitled to such payment
because of not satisfying any of the four conditions, or any other conditions as
may be applicable, it is for the authorities to pass a reasoned order on the same
indicating the result of such examination.
15. On the other hand, the expressions 'ex-gratia' and 'ex-gratia payment' are
defined as extracted:-
"Ex-gratia- As a favour, not legally necessary.
Ex-gratia payment- A payment not legally required; esp., an insurance payment
not required to be made under an insurance policy."
19. Ex-gratia payment under the law is a payment made as a favour in a
circumstance where there is no legal necessity to make any such payment. A
payment by one person causing damage or injury to another person by means
of a compensation is a payment which is not made as a favour, but it is a
payment which is a legal necessity under the law whereas an ex-gratia payment
is a payment which is made as a favour and without any legal necessity.
20. On the basis of the contrasting legal meaning of the two different modes of
payment i.e. a payment as compensation and the payment as an ex-gratia, we
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have to understand that a payment that may be made as an ex-gratia
simpliciter cannot be included to be within the concept of being a payment as
compensation.
21. In view of the above conclusion, we are of the view that the question that
has been raised as to whether the payment of ex-gratia to be made under the
notification dated 15.11.2014 has to be returned back to the insurer upon an
actual compensation being made under either the Act of 1988 or any other law
or otherwise, would have to be answered that the payment of ex-gratia which
admittedly is made as a favour and without any legal necessity would not have
to be returned either by the beneficiary or by the State authorities to the
insurer under section 163 (1) of the Act of 1988 upon an actual payment of
compensation being made to the victim of a motor accident in either under the
provisions of the Act of 1988 or under any other law or otherwise."
8. In view of the above, it appears that the petitioner has made out a case
for grant of ex-gratia compensation. Accordingly, in the interest of justice, this
Court directs the respondents to pay the ex-gratia amount of Rs. 2 Lakh upon
proper verification in terms of the notification dated 15.11.2014 to the petitioner
within a period of two months from the date of receipt of a certified copy of this
order.
9. With the aforesaid observation and direction, this writ petition stands
disposed of.
JUDGE
Comparing Assistant
