Farmud Ali vs The Commissioner And Secretary To The ... on 9 February, 2026

                                                               Page No.# 1/7

GAHC010262502023




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

                          Case No. : WP(C)/6801/2023

         FARMUD ALI
         S/O- LT. DHARIYA SHEIKH,
         VILL- SINGIMARI,
         P.O.- KHANDAJAN,
         P.S.- SIPAJHAR,
         DIST.- DARRANG, ASSAM.
         PIN- 784145.



         VERSUS

         THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 5
         ORS
         REVENUE (RELIEF AND REHABILITATION) AND DISASTER
         MANAGEMENT DEPARTMENT,
         DISPUR, GUWAHATI-06.

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

         3:THE DISTRICT COMMISSIONER
          DARRANG
         ASSAM
          P.O. AND P.S. MANGALDOI

         DIST- DARRANG
         ASSAM

         PIN- 784125.

         4:THE CIRCLE OFFICER
                                                                         Page No.# 2/7

             SIPAJHAR REVENUE CIRCLE
             P.O. AND P.S.- SIPAJHAR

            DIST- DARRANG
            ASSAM

            PIN- 784145.

            5:THE SUPERINTENDENT OF POLICE
             DARRANG
            ASSAM
             DIST- DARRANG
            ASSAM

            PIN- 784125.

            6:THE OFFICER-IN-CHARGE
             SIPAJHAR POLICE STATION
             P.O.- SIPAJHAR

            DIST- DARRANG
            ASSAM

            PIN- 782145

Advocate for the Petitioner   : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH

Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FINANCE
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                                BEFORE
               HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                      ORDER

Date : 09.02.2026

Heard Mr. M. Hussain, learned counsel, appearing for the petitioner. Also heard Mr. H. Sarma, learned Government Advocate, appearing for the respondents.

2. The petitioner in the present proceedings has prayed for a direction upon the respondent authorities for payment of ex-gratia compensation to him for the death of his wife late Hachibun Begum, on account of a vehicular accident which had occasioned on 08.12.2022.

As projected in the writ petition, the wife of the petitioner late Hachibun Begum, while proceeding towards Sipajhar from Singimari as a pillion rider on a motor cycle bearing Registration No.AS-25E-6506, which was driven by one Md. Fiznur Ali, had fallen from the motorcycle when sudden brake was put by the rider to save a pedestrian who had crossed the road near bridge No.15. On account of the fall from the said motorcycle the wife of the petitioner suffered injuries and was taken to Sipajhar Hospital and thereafter was referred to GMCH, considering her serious condition. However, on 08.12.2022 at about 3.05 p.m, the wife of the petitioner succumbed to her injuries. Basing on the said incident, the petitioner lodged an FIR before the Sipajhar P.S. on 14.12.2022 and the same was registered as Sipajhar P.S. Case No.544/2022, under Section 279/304A IPC.

The petitioner's wife, having suffered an accident at a public place, contending that such accident is covered by the Scheme of the Government, vide notification no. R R.33/2014/66 dated 15.11.2014, Page No.# 4/7

approached the respondent authorities for payment of ex-gratia compensation of Rs.2 (two) lakhs to him. The said prayer of the petitioner not having evoked any response, he had instituted the present proceedings.

3. At the outset it is to be noted that the learned counsel for the petitioner on a query made by this Court has submitted that basing on the accident leading to the death of the wife of the petitioner, a proceedings in all probability was instituted before the jurisdictional Motor Accident Claims Tribunal (MACT), however, the particulars thereof was not known to him.

4. The petitioner, in the present proceeding, has prayed for grant of compensation basing on the Notification, dated 24.04.2007 and the Notification, dated 15.11.2014. Vide the Notification, dated 24.04.2007, the compensation as stipulated for relief to the family in respect of the persons who were killed/injured due to bomb blasts, group clashes/ extremist activities, accidental causes, etc., in terms of the Notification, dated 22.09.1998, was enhanced. Thereafter, vide Notification, dated 15.11.2014, the quantum of relief as stipulated vide Notification, dated 24.04.2007, was further revised.

5. A perusal of the Notification, dated 24.04.2007, reveals that for accidental deaths also, ex-gratia compensation was being provided by the State. In terms of the Notification, dated 15.11.2014, for accidental death; ex-gratia compensation to the next-of-kin to the persons killed on account of the accident occurring in public place or in any public carriers, was fixed Page No.# 5/7

at Rs.2,00,000/- (Rupees Two Lakhs). It is the said ex-gratia compensation amount of Rs. 2,00,000/- (Rupees Two Lakhs) that is now being sought to be directed to be released to the petitioner on account of the death of his wife in a vehicular accident occurring in a public place.

A co-ordinate Bench of this Court in the case of Monisa Khatun @ Monisha Khatun [judgment & order, dated 21.06.2024, in WP(C).No.2700/2023] had considered the same issue. On consideration of the case laws as referred to by the learned counsels appearing for the parties to the proceeding, therein; the co-ordinate Bench of this Court had drawn the following conclusions:

"14) In this case in hand, the claim of the Petitioner is on the basis that her husband was killed due to an accident in public place which comes within the ambit of serial no. 3 of the notification dated 15.11.2014. It is not in dispute that the petitioner can pursue her case for claiming motor vehicle accident compensation before the Motor Accident Claims Tribunal.

15) In the case of Shashi Sharma (supra), the Supreme Court of India had held that a claim based on contract cannot have any correlation to amount receivable under a statute. Therefore, the claim receivable under statute like provident fund, pension, life insurance, retiral benefits, etc. are deemed to be excluded from amount receivable as motor vehicle compensation. The said position is clarified by the 2-

Judge Bench in the case of National Insurance Co. Ltd. (supra).

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 Page No.# 6/7

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."

6. On perusal of the conclusions drawn by this Court in the case of Monisa Khatun @ Monisha Khatun (supra); this Court is in respectful agreement with the same.

7. Given the purport of release of ex-gratia compensation as revealed from the Notifications, dated 24.04.2007, and dated 15.11.2014; this Court is of the considered view that the said ex-gratia compensation is so provided to the next-of-kin and/or person injured when such injury occasions on account of extremist/terrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident, etc.. Although the said Notifications also mandates payment of ex-gratia compensation on account of an accident occasioning in public places or in any public carriers; the same must be understood to be limited to a hit-and-run case wherein the offending vehicle is not identified. As and when an offending vehicle involved in a vehicular accident is identified; the next-of-kin and/or person killed and/or the person injured, can always pursue their remedy before the jurisdictional Motor Accident Claim Tribunal.

8. The compensation due on account of a vehicular accident, in the event, it is so established before a Motor Accident Claim Tribunal; is a just Page No.# 7/7

and fair compensation in the accident involved.

9. At this stage, it is to be noticed that the Government of Assam, vide a subsequent Notification, dated 31.10.2023, had excluded all cases of vehicular accidents from the purview of grant of ex-gratia compensation except in hit-and-run cases and third-party cases hit by vehicles at public place.

10. In view of the above discussion, considering the nature of accident involving in the present proceedings resulting in the death of the wife of the petitioner, this Court is of the considered view that the same would not be covered by the provisions of notification dated 15.11.2014. Accordingly, the petitioner is held to be not entitled to claim ex-gratia compensation for the accident so occasioned in the matter.

11. In view of the above conclusions, this writ petition is held to be devoid of any merit and accordingly, the same stands dismissed. However, there shall be no order as to costs.

JUDGE

Comparing Assistant