Page No.# 1/3 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 5387 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 4 Ors on 16 June, 2025

                                                                    Page No.# 1/3

GAHC010014592020




                                                             2025:GAU-AS:7926

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

                           Case No. : WP(C)/449/2020


         PINKI GHOSH
         W/O LT. RINKU GHOSH, R/O NALBARI TOWN, WARD NO. 4, P.O. AND P.S.-
         NALBARI, DIST-NALBARI, ASSAM, PIN-781335

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, REVENUE (R AND R) AND DISASTER
         MANAGEMENT DEPARTMENT, DISPUR, GHY-6

         2:THE DEPUTY COMMISSIONER
          NALBARI
         ASSAM
          PIN-781335

         3:THE SUPERINTENDENT OF POLICE
          NALBARI
         ASSAM
          PIN-781335

         4:THE OFFICER-IN-CHARGE
          NALBARI POLICE STATION
          NALBARI
         ASSAM
          PIN-781335

         5:THE CIRCLE OFFICER
          NALBARI REVENUE CIRCLE
          NALBARI
         ASSAM
          PIN-78133
                                                                          Page No.# 2/3

Advocate for the Petitioner   : MD H R AHMED,

Advocate for the Respondent : SC, REVENUE, GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 16.06.2025

1. Heard Ms. M Begum, learned counsel for the petitioner. Also heard Ms. N Bordoloi, learned counsel for respondent No.1 and Mr. N Das, learned state counsel for respondent Nos.2 to 5.

2. The petitioner herein claims ex-gratia in terms of notification dated 15.11.2014. A Coordinate Bench of this court in Monisa Khatun @ Monisha Khatun Vs. State of Assam & 5 ors in WP(C) No.2700/2023, has laid down the proposition that when the vehicle is identified, such ex-gratia payment may not be made inasmuch as, the family members of the Motor Accident victim shall always have a remedy of preferring a claim under the Motor Vehicles Act, 1988.

3. Thereafter, in terms of the aforesaid judgment, the earlier notification dated 15.11.2014 has also been modified by another notification dated 31.10.2023.

4. Admittedly in the case in hand also, the vehicle is identified having registration No.AS-01-JC-2393.

5. That being the position, the present writ petition is also covered by the determination made in Monisa Khatun @ Monisha Page No.# 3/3

Khatun Vs. State of Assam & 5 Ors in WP(C) 2700/2023.

6. Accordingly, the writ petition stands closed in view of the determination made in Monisa Khatun @ Monisha Khatun (supra).

JUDGE

Comparing Assistant