Chitra Boro v. The State of Assam and 4 Ors

ORDER Date : 27-01-2023 Heard Mr. S.I. Akand, learned counsel for the petitioner; Mr. R. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 2–

5.

¶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 the deceased person viz. Late Monoj Boro. It is claimed that Late Monoj Boro died in a road traffic accident occurred at a public place.

¶3The petitioner has claimed to be the mother of the said deceased person, Late Monoj Boro.

¶4The case projected by the petitioner, in brief, is that on 18.11.2018, the son of the petitioner, Monoj Boro was proceeding on the National Highway no. 15 towards Baihata Chariali by riding a motorcycle bearing registration no. AS-01/DB-3993 along with his friend. At around 03-00 p.m., when they reached Khudrapoloha, a vehicle bearing registration no. AS-01/DE-3181 [Duster] coming from the opposite direction in a rash and negligent manner and at a high speed, dashed against the motorcycle. As a result of the accident, both the Page No.# 3/6 rider and the pillion-rider of the motorcycle sustained grievous injuries and they were immediately taken to a nearby health facility, Bezera Community Heath Centre but during the course of the treatment, Sonjoy Boro succumbed to the injuries. The Post-Mortem Examination [PME] on the deadbody was performed at Gauhati Medical College & Hospital [GMCH], Guwahati on 19.11.2018. As per the PME Report, the death was due to coma as a result of head injury, described in the PME Report. It has been opined in the PME Report that the injuries were ante-mortem in nature and caused by blunt force impact. The Registrar, Birth & Death, GMCH, Guwahati issued a Death Certificate on 26.12.2018 recording the date of death of the deceased as 18.11.2018. In connection with the said accident, a crime case, Baihata Chariali Police Station Case no. 309/2018 has been registered on 14.12.2018 under Sections 279/304A, Indian Penal Code [IPC] against the driver of the offending vehicle.

4.1. After the death of the afore-stated person, the petitioner stated to have submitted a representation dated 08.01.2021 before the Deputy Commissioner, Kamrup [Rural] at Amingaon seeking the ex-gratia amount of Rs. 2,00,000/- for the deceased person in terms of the policy framed by the Government in the Revenue & Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the office of the Deputy Commissioner, Kamrup [Rural] at Amingaon, the petitioner has approached this Court by this writ petition.

¶5It has, thus, been contended on behalf of the petitioner that she is one of the Next of Kins [NoKs] of the deceased person who died in a road traffic accident occurred on

18.11.2018 at a public place. It is further contended that as such Next of Kin [NoK] of the deceased person killed in such accident, she is entitled to receive the quantum of relief in terms of the policy formulated by the State Government, which has been notified by the notification dated 15.11.2014.

¶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 grants to the Next of Kin [NoK] of person killed due to 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. Page No.# 4/6 2,00,000/- for each deceased person in respect of 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.

¶7By order dated 09.04.2021, the respondents were put to notice. But till date, no response has been filed by any of the respondents.

¶8Both Mr. Borpujari and Mr. Talukdar 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 also their submission that the petitioner is a resident of Kamrup [Metro] District and the alleged accident had occurred within the jurisdiction of Kamrup [Rural] District. It is submitted by Mr. Borpujari and Mr. Talukdar, 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.

¶9This 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 Page No.# 5/6 some succour immediately to the Next of Kin [NoK] of the deceased to tide over the 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.

¶10Taking an overall view of the submissions advanced by the learned counsel for the parties and upon perusal of the materials available on record vis-à-vis 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 responses from the respondents, who have not filed any response since 09.04.2021, 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, is to be verified and considered first at the end of the jurisdictional Deputy Commissioner i.e. Deputy Commissioner, Kamrup [Rural], Amingaon in consultation with the Deputy Commissioner, Kamrup [Metro]. After such verification and consideration on all the 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 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 jurisdictional Deputy Commissioner, along with a copy of the writ petition with the annexures, from the petitioner. The petitioner and/or the other Next of Kins [NoKs] of the deceased person is/are directed to extend his/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at his/their disposal, to facilitate the process of verification, as and when asked for. Page No.# 6/6

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

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010064172021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2547/2021o CHITRAoBOROo W/O-oLT.oMONIKANTAoBORO,oR/O-oVILL-oPUBoBARAGAON,o (GOSHAIGAON),oP.O.oBARAGAON,oP.S.oGARCHUK,oGHY,oDIST.-oKAMRUPo (M),oASSAM,oPIN-o781035 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEoAND DISASTERoMANAGEMENToDEPTT.,o(RELIEFoANDoREHABILITATIONo BRANCH),oDISPUR,oGHY-06 2:THEoDY.oCOMMISSIONERoOFoKAMRUPo(R) oAMINGAON oASSAM oPIN-o781031 3:THEoDY.oCOMMISSIONERoOFoKAMRUPo(M)oAToGUWAHATI oASSAM oP.O.oANDoP.S.oPANBAZARoPIN-o781001 4:THEoCIRCLEoOFFICER oGUWAHATIoREVENUEoCIRCLE oP.O.oANDoP.S.oPANBAZAR oDIST.-oKAMRUPo(M)oAToGUWAHATI oASSAM oPIN-o781001 5:THEoOFFICER-IN-CHARGE oBAIHATAoCHARIALIoP.S. oDIST.-oKAMRUPo(R) oASSAM Page No.# 2/6 PIN- 78138 Advocate for the Petitioner : MR. R Deka Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY