Dambaru Behera vs State Of Odisha Others
2022 Latest Caselaw 4629 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.8302 of 2022
                               (Through hybrid mode)


            Dambaru Behera                           ....                   Petitioners
                                                          Mr. P. K. Mishra, Advocate

                                          -versus-

            State of Odisha others                   ....             Opposite Parties

                                                   Mr. P. C. Behera, Advocate
                                      (Standing Counsel, Transport Department)

                     CORAM: JUSTICE ARINDAM SINHA

                                     ORDER

12.09.2022 Order No.

03. 1. Mr. Mishra, learned advocate appears on behalf of petitioner

and submits, his client's father died in a hit and run case. His client

had applied for compensation from Solatium Fund of Odisha. By

impugned letter dated 4th March, 2022, Regional Transport Officer

(RTO) returned the application and documents, as received beyond

permissible period. He submits, by reason of the pandemic the

application was delayed. Mr. Mishra submits, he will serve learned

advocate engaged on behalf of opposite party no.4.

2. Mr. Behera, learned advocate, Standing Counsel appears for

the department and points out, there was notification dated 14th May,

// 2 //

2018, published in Odisha Gazette Extraordinary, pursuant to direction

made by the Supreme Court in a judgment. Under clause III, regarding

procedure for claiming compensation from solatium fund, there is

requirement for the application to be made within six months from

date of accident.

3. On query from Court he submits, the guidelines do not provide

for condonation of delay. However, in event there is direction, his

client will consider the claim.

4. Impugned order dated 4th March, 2022 is set aside and quashed.

Petitioner will approach opposite party no.4 with copy of this order

and the solatium fund application. Said opposite party is directed to

consider and deal with the application and inform petitioners the

result, within four weeks of approach.

5. The writ petition is disposed of.

(Arindam Sinha) Judge Prasant