Rina Das v. The State of Assam and 5 Ors

ORDER

19.07.2023

Heard Mr. A. Mobaraque, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent no. 2; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3 – 6.

¶2The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the State respondent authorities to disburse an amount of Rs. 2,00,000/- in terms of a Notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that she is one of the Next of Kins [NoKs] of a deceased person viz. Late Bharat Chandra Das. It is claimed that Late Bharat Chandra Das died in a road traffic accident occurred at a public place.

¶3The petitioner has claimed to be the wife of the said deceased person, Late Bharat Chandra Das.

¶4The case projected by the petitioner, in brief, is that at around 10-45 p.m. on

24.10.2018, Bharat Chandra Das was proceeding towards Borihat Guest House situated at Page No.# 3/6 Borheramdo by the side of Borheramdo PWD Road on foot and at that time, a motorcycle bearing registration no. AS-01/L-6629 coming from same direction allegedly in a rash and negligent manner, hit Bharat Chandra Das from backside. As a result of the accident, Bharat Chandra Das sustained grievous injuries on his person and he was immediately taken to Sanjibani Hospital, Maligaon for treatment. Thereafter, Bharat Chandra Das was shifted to Excel Hospital, Boragaon for better treatment. But the doctors at Excel Hospital, had declared Bharat Chandra Das as dead. After the death of Bharat Chandra Das, the Post-Mortem Examination [PME] on his dead body was performed at the Gauhati Medical College & Hospital [GMCH], Guwahati on 25.10.2018. As per the PME Report, the death was due to comma as a result of head injuries sustained, as described in the PME Report. It was opined that the injuries were ante-mortem in nature and were caused by blunt force impact. In connection with the said accident, a General Diary Entry vide G.D. Entry no. 529 dated

24.10.2018 was registered at Palashbari Police Station. Later on, a crime case, Palashbari Police Station Case no. 413/2018 for the offences under Sections 279/338/304A, IPC had been registered. During the course of investigation, the Officer In-Charge, Palashbari Police Station issued a Police Report dated 20.01.2020 [Annexure-3] in connection with Palashbari Police Station Case no. 413/2018 stating inter-alia that Inquest and PME were duly done.

4.1. The petitioner has averred that seeking ex-gratia grant in terms of the Notification dated 15.11.2014, the petitioner had approached the Deputy Commissioner, Kamrup, Amingaon. When no response was received from the office of the Deputy Commissioner, Kamrup, Amingaon the petitioner stated to have approached this Court by this writ petition.

¶5The Superintendent of Police, Kamrup, Amingaon has filed an affidavit-in-opposition stating that after completion of investigation in connection with Palashbari Police Station Case no. 413/2018, a charge sheet vide Charge Sheet no. 267/2018 dated 30.11.2018 had been submitted against an accused person finding a prima facie case under Sections 279/338/304A, IPC.

¶6On perusal of the said Notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for ex-gratia grant to the Next of Kin [NoK] of person killed due to Page No.# 4/6 accident in public place or in public carrier [other than killed by extremist/terrorist, miscreants and due to firing of security forces] and such relief has been quantified at Rs. 2,00,000/- for the deceased person in respect of the accident which had occurred in the State on or after the date of the notification i.e. 15.11.2014. It has been brought to the notice of the Court by the learned counsel for the parties that due to certain ambiguity with regard to the term, 'public place', another Notification bearing no. R.R.94/2003/288 dated 15.10.2014 came to be issued by the Revenue & Disaster Management Department, Government of Assam for removal of the ambiguity. As per the Notification dated 15.10.2014 [supra], the word 'public place' will mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public or any other place, which is open to the public view or to which public has access.

¶7Ms. Bordoloi and Ms. Barman are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident in question had occurred subsequent to 15.11.2014. It is submitted by Ms. Bordoloi and Ms. Barman, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department, the jurisdictional Deputy Commissioner shall have to examine the matter in order to verify the veracity of the claim of the petitioner, with regard to, firstly, the alleged road traffic accident which stated to have occurred at a public place resulting in the death of the person, mentioned above; secondly, the claim of the petitioner as one of the Next of Kins [NoKs] of the person who stated to have died as a result of the said alleged road traffic accident, and thirdly, the claim regarding occurrence of the accident at a public place. They have further submitted that the petitioner has not submitted any Next of Kin [NoK] Certificate to process the claim of the petitioner.

¶8This Court has already recognized the rationale behind the policy formulated by the State and notified vide the notification dated 15.11.2014, in its order dated 04.05.2019 passed in the writ petition, W.P.[C] no. 2100/2019 [Gunalata Das vs. the State of Assam] and similar other writ petitions, by observing that the dominant purpose of the policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the Page No.# 5/6 initial shock and hardship before lodging claim for just compensation under the law. Thus, a claim for the relief of ex-gratia grant under the policy calls for an expeditious consideration.

¶9The respondents were put to notice on 10.02.2021. Despite elapse of more than 2 [two] years, the respondents, save and except the respondent no. 4, have not filed any counter affidavit.

¶10Taking an overall view of the submissions advanced by the learned counsel for the parties and the rationale behind the policy so formulated, this Court is of the considered view that instead of keeping the writ petition pending for any further period, waiting for further responses from the respondents, the same can be disposed of as the claim for relief in the form of ex-gratia to the petitioner in this writ petition as one of the Next of Kin [NoK] of a person killed in a road traffic accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the jurisdictional Deputy Commissioner. Thus, after such verification and consideration of all relevant aspects including the three aspects, as highlighted by the learned counsel for the State respondents, by calling for reports from the other authorities, the proposal can thereafter, be forwarded by the jurisdictional Deputy Commissioner along with his report, to the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department for release of ex-gratia amount in terms of the notification dated 15.11.2014, if the petitioner and/or any other Next of Kins [NoKs] is found entitled to receive the same. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department can thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next of Kins [NoKs] found entitled, in terms of the Notification dated 15.11.2014. It is accordingly ordered. The entire exercise in respect of the case involved in this writ petition should be completed by the above respondent authorities within a period of 3 [three] months from the date of receipt of a certified copy of this order by the office of Deputy Commissioner, Kamrup, Amingaon along with a copy of the writ petition with the annexures, from the petitioner. The petitioner is also directed to submit Next of Kin [NoK] Certificate to the jurisdictional Deputy Commissioner in the course of such enquiry. The petitioner and/or the other Next of Kin [NoK] of the deceased person is/are directed to extend her/his assistance and cooperation during the process of Page No.# 6/6 such verification and shall furnish the relevant information/documents, available at her/his disposal, to facilitate the process of verification expeditiously, as and when asked for.

¶11With the observations made and directions given above, the writ petition stands disposed of. No cost. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010016322021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/698/2021o RINAoDASo D/O-oLT.oBHARAToCHANDRAoDAS,oVILLoANDoP.O.oBHATTAPARA,oP.S.o AZARA,oDIST.-oKAMRUPo(M),oASSAM,oPIN-o781017 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEo(Ro ANDoR)oANDoDISASTERoMANAGEMENToDEPTT.,oDISPUR,oGHY-06 2:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHY-06 3:THEoDY.oCOMMISSIONER oKAMRUPo(M) oASSAM oPIN-o781001 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP oAMINGAON oASSAM oPIN-o781031 5:THEoCIRCLEoOFFICER oAZARAoREVENUEoCIRCLE oP.O.oANDoP.S.oAZARA oDIST.-oKAMRUPo(M) oASSAM oPIN-o781017 Page No.# 2/6 6:THE OFFICER-IN-CHARGE PALASHBARI P.S. PALASHBARI KAMRUP ASSAM PIN- 78112 Advocate for the Petitioner : MR. A MOBARAQUE Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY