Sangita Devi Das and Anr v. The State of Assam and 3 Ors

ORDER Date : 19.06.2023 Heard Ms. S Chakraborty, learned counsel for the petitioners and Ms. PR Mahanta, learned counsel for the respondent No.1. Also heard Mr. N Goswami, learned Government Advocate appearing for the respondent Nos. 2 and 3.

¶2The petitioners have filed this writ petition seeking payment of ex-gratia amount to the tune of Rs.2 Lakhs on the basis of the notification dated 15.11.2014 issued by Additional Chief Secretary, Revenue & D.M. Department vide Memo No. RR.33/2014/66-A, which provides inter-alia for payment of ex-gratia to the tune of Rs.2 lakhs to the next of kin of persons killed due to accident in public places or in public carriers, by contenting that while the deceased husband of the petitioner No.1 late Amol Das was returning to his rented house towards Jorabat from Khanapara on 28.10.2020, at about 5.45 pm in his motor cycle bearing Registration No. AS-01/DT-4009 and when he reached near SIRD, Khanapara at National Highway 37, the offending vehicle bearing Registration No. AS-01-EC-3181 (Tipper) driven by the driver in a rash and negligent manner knocked the husband of petitioner No.1 from the backside and as a result of which, he sustained grievous injuries and eventually he was declared brought dead by the doctors at Gauhati Neurological Research Centre (GNRC). Page No.# 3/3

¶3The fact that late Amol Das, husband of the petitioner No.1 died in an accident that took place on 28.10.2020 in the manner described by the petitioners have not been disputed by Mr. N Goswami, learned Government Advocate for respondent No. 2 on the basis of a written instruction received by him from the Deputy Commissioner of Police (Crime) vide Memo No.V/HC-112/WP©No.6224-22/2022/2641, dated 29.11.2022 addressed to Ms. Meghali Barman, Junior Government Advocate, Gauhati High Court.

¶4Since the notification dated 15.11.2014 issued by the Additional Chief Secretary, Revenue & D.M. Department provides for payment of ex-gratia to the next of kin of persons killed due to accident in public places or in public carriers and the fact that the late husband of the petitioner No.1 died due to accident in public place as described by the petitioner has been confirmed vide the letter dated 29.11.2022 of the Deputy Commissioner of Police (Crime), Guwahati addressed to Ms. Meghali Barman, Junior Advocate, this writ petition stands allowed with a direction to the respondent authorities to pay the petitioners a sum of Rs.2,00,000/- (Two Lakhs) in terms of the notification dated 15.11.2014 aforementioned within a period 04(four) weeks from the date of receipt of a certified copy of this order.

¶5The letter dated 29.11.2022 addressed to Ms. Meghali Barman, Junior Government Advocate, Gauhati High Court by the Deputy Commissioner of Police (Crime), Guwahati shall be retained on record and marked as Annexure-'X' for identification. The writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010190932022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6224/2022o SANGITAoDEVIoDASoANDoANRo W/O-oLATEoAMALoDAS,o PRESENTLYoRESIDINGoATo C/O-oSRIoNAYANoJYOTIoSARMA,o H.NO.o8,oSIXMILE,oVIPoROAD,o DIST.oKAMRUP(M),oASSAM,o PIN-781022. 2:oMASTERoMRINMOYoJYOTIoDAS oS/O.oLATEoAMALoDAS o PRESENTLYoRESIDINGoATo C/O-oSRIoNAYANoJYOTIoSARMA o H.NO.o8 o SIXMILE oVIPoROAD o DIST.oKAMRUP(M) oASSAM.o (MINORoSONoISoREPRESENTEDoBYoMOTHER oPETITIONERoNO.o1)o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(oRoANDoR)oANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoDEPUTYoCOMMISSIONER oMAJULI oASSAM Page No.# 2/3 PIN- 785105. 3:THE SUPERINTENDENT OF POLICE GUWAHATI ASSAM PIN- 781001. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MS S CHAKRABORTY Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE NANI TAGIA