Bhanu Bibi v. The State of Assam and 6 Ors

ORDER Date : 03-02-2023 Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. A. Bhattacharjee, 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. 3 –

7.

Page No. 3/7

¶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 Abu Ansar. It is claimed that Late Abu Ansar 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 Abu Ansar.

¶4The case projected by the petitioner, in brief, is that at around 10-00 a.m. on

03.03.2021, the husband of the petitioner, Abu Ansar was proceeding as a passenger in an Auto Rickshaw bearing registration no. AS-17/B-8452 from Chapar Bazaar side towards Dhirghat by the National Highway no. 31. The Auto Rickshaw was driven in a rash and negligent manner at a high speed. As a result, it turned turtle on the concrete road in front of Rash Mandir, Ward no. 1, Arearjhar within the territorial jurisdiction of Chapar Police Station. As a result of the accident, the passengers inside the Auto Rickshaw including Abu Ansar, received serious injuries. The people present in the vicinity of the place of accident, gathered at the place of accident and the injured persons were taken to the nearby health facility, Chapar Primary Hospital for treatment. Finding the conditions of Abu Ansar serious, the doctors at Chapar Primary Hospital referred him to R.N.B. Hosiptal, Kokrajhar for better treatment. But Abu Ansar breathed his last on his way to RNB Hospital, Kokrajhar. After the death of Abu Ansar, the Post-Mortem Examination [PME] on his dead body was performed at Civil Hospital, Dhubri. In connection with the accident, one Jahanuddin lodged a First Information Report [FIR] before the Officer In-Charge, Chapar Police Station on 08.03.2021 and the said FIR has been registered as Chapar Police Station Case no. 129/2021 for the offences under Sections 279/304A, Indian Penal Code [IPC]. The investigation ensued thereafter. The Officer In-Charge, Chapar Police Station had also recorded the details about the accident in the Accident Information Report in Form no. 54.

4.1. After the death of the afore-stated person, the petitioner stated to have submitted a Representation dated 13.09.2021 before the Deputy Commissioner, Dhubri seeking the ex Page No. 4/7 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, Dhubri, the petitioner has approached the Court by this writ petition.

¶5The respondent no. 3 and the respondent no. 6 have filed their respective counter affidavits. The respondent no. 6 in the counter affidavit has admitted about the registration of Chapar Police Station Case no. 129/2021 under Sections 279/304A, IPC. It has been averred that after completion of investigation in connection with Chapar Police Station Case no. 129/2021, the Investigating Officer [I.O.] of the case had already submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 210/2021 dated 27.08.2021 finding a prima facie case against the driver of the Auto Rickshaw. The respondent no. 6 has also admitted about issuance of the Accident Information Report in Form no. 54 recording the details of the accident occurred on 03.03.2021.

5.1. The respondent no. 3 in his counter affidavit has acknowledged about the receipt of an application from the petitioner for ex gratia grant. On receipt of the application from the petitioner, information had been sought for from the Superintendent of Police, Dhubri [the respondent no. 6]; the Additional Deputy Commissioner, Kokrajhar for the Next of Kin [NoK] status of the petitioner vis-à-vis the deceased, Abu Ansar; and from the concerned Superintendent of the Civil Hospital for the PME Report. It has been averred that information are sought for preparation of a requisite proposal for sanction of ex gratia and to forward it to the Government.

¶6It 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

03.03.2021 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.

Page No. 5/7

¶7On 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 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.

¶8Mr. Bhattacharjee 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 submitted by Mr. Bhattacharjee 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 some succour immediately to the Next of Kin [NoK] of the deceased to tide over the Page No. 6/7 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 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 the 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. It is noticed that the jurisdictional Deputy Commissioner has already initiated the process of verification. Thus, after such verification and consideration on 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 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, Dhubri 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/her/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at his/her/their disposal, to facilitate the process of verification, as and when asked for.

¶11With the observations made and directions given above, the writ petition stands Page No. 7/7 disposed of. No cost.

JUDGE Comparing Assistant

PageoNo.o1/7 GAHC010144752022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5009/2022o BHANUoBIBIo W/O-oLATEoABUoANSAR,o VILL.oTINTILA,o P.O.-oSILGARA,o P.S.-oKOKRAJHAR,o DIST.-oKOKRAJHAR,oBTR,oASSAM.o PIN-o783348. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oP.O.oANDoP.S.oANDoDIST.-oDHUBRI oASSAM oPIN-o783301. 4:THEoDEPUTYoCOMMISSIONER oKOKRAJHAR oBTR oASSAM oP.O.oANDoP.S.oANDoDIST.-oKOKRAJHAR oBTR oASSAM Page No. 2/7 PIN- 783370. 5:THE CIRCLE OFFICER KOKRAJHAR REVENUE CIRCLE P.O. AND P.S.- KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 783370. 6:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301. 7:THE OFFICER-IN-CHARGE CHAPAR POLICE STATION P.O.- CHAPAR DIST- DHUBRI ASSAM. PIN- 783371 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY