Rahima Begum v. The State of Assam and 5 Ors

ORDER Date : 31.07.2024

Heard Mr. G.R.A Mottaquee the learned counsel appearing on behalf of the petitioner and Mr. A Bhattacharhjee, the learned counsel appearing on behalf of the Revenue Department as well as Mr. S. Baruah, the learned counsel appearing on behalf of Government of Assam.

¶2This Court vide an order dated 26.07.2024 was of the opinion that the instant writ petition is covered by the judgment of the Coordinate Bench of the Court dated 21.06.2024 in the case of Monisha khatun vs State of Assam (Writ Petition No. 2700/2023). However, the learned counsel appearing on behalf of the petitioner submitted that there is Division Bench judgment which permits such compensation and accordingly has placed an order passed by the Division Bench in PIL Case No. 26/2013.

¶3This Court has duly perused the said order passed in the said Public Interest Litigation and the said order relates to compensation in terms with Section 357 (A) of the Cr.P.C. It has also been mentioned by the Division Bench in the said judgment that all pending cases of individual victims be considered in terms with the objects and the provisions of the scheme made in terms with Section 357 (A) of the Cr.P.C.

¶4This Court has taken note of the judgment passed by the Coordinate Bench wherein the reference was drawn to the judgments of the Supreme Court in the case of Reliance General Insurance Comp. Ltd. Vs. Shashi Sharma Page No.# 3/3 & ors., reported in (2016) 9 SCC 627 as well as the National Insurance Company Ltd. vs Birender ors., reported in (2020) 11 SCC 356. Referring to the said judgments, the learned Coordinate Bench of this Court categorically opined at paragraph Nos. 16 and 17 that the notification dated 15.11.2014 cannot be read as it shall be applicable in respect to all accidents except hit and run case where the offending vehicle remains unidentified in the final form after police investigation. The claims made in the instant writ petition refers to a notification dated 24.04.2007 which is pari-materia to the notification which was issued on 15.11.2014.

¶5Under such circumstances, in the opinion of this Court, the observations so made by the Coordinate Bench in the case of Monisha Khatun (Supra) being binding on this Court finds no reason to entertain the instant writ petition.

¶6Accordingly, the instant writ petition stands dismissed.

¶7Be that as it may, the adjudication herein shall not deprive the petitioner of its entitlement, if otherwise entitled to under the Motor Vehicles Act, 1988.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010144512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3691/2024o RAHIMAoBEGUMo W/O-oLATEoMAJIRUDDINoAHMED,o R/O-oVILLAGE-oGOG,o P.O-oBARPALAHA,o P.S-oBAIHATAoCHARIALI,o DIST-oKAMRUP,oASSAM,oPIN-781121 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoDEPTT.oOFoREVENUEo(RELIEFoANDoREHABILITATION)oANDo DISASTERoMANAGEMENT oDISPURo oGUWAHATI-781006 3:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoDEPTT.oOFoFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 4:THEoDEPUTYoCOMMISSIONER oKAMRUPo(R) oAMINGAON oASSAM 5:THEoCIRCLEoOFFICER oNORTHoGUWAHATIoREVENUEoCIRCLEo oAMINGAON oKAMRUP Page No.# 2/3 ASSAM 6:THE OFFICER IN CHARGE BAIHATA CHARIALI POLICE STATION DIST- KAMRUP ASSA Advocate for the petitioner(s) : Mr. G.R.A Mottaquee Advocate for the respondent(s): Mr. A Bhattacharjee, Mr. S. Baruah BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH