Himadri Amchi v. The State of Assam and 5 Ors

ORDER

26.02.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2; and Mr. N. Goswami, 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 ₹ 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 the Next-of-Kin [NoK]/wife of a deceased person viz. Amrit Bordoloi. It is claimed that Late Amrit Bordoloi 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 Amrit Bordoloi.

¶4The case projected by the petitioner, in brief, is that on 04.09.2022 at about 01-40 p.m., the husband of the petitioner, Amrit Bordoloi along with one Prabeswar Bordoloi started from their native village, Ujari and was proceeding towards Jagiroad from Morigaon side by Page No.# 3/6 riding two bicycles on the National Highway. At that time, the alleged offending vehicle bearing Registration no. AS-01/BF-3817, which was being driven in a rash and negligent manner, hit the bicycles from the backside. As a result of the said accident, Amrit Bordoloi sustained serious injuries on his person. Amrit Bordoloi was immediately taken to Morigaon Civil Hospital for treatment. Finding his condition serious, he was referred to the Guwahati Medical College & Hospital [GMCH] but Amrit Bordoloi died on his way to the GMCH, at Jagiroad. The Post-Mortem Examination [PME] on the dead body of the deceased was performed at the Morigaon Civil Hospital on 04.09.2022. As per the PME Report, the cause of death was acute haemorrhagic shock due to severe multi-organ injuries leading to internal haemorrhage and cardio-pulmonary arrest. In connection with the said accident, a case being Morigaon Police Station Case no. 318/2022 was been registered under Sections 279/304A/427, Indian Penal Code [IPC]. After completion of the investigation, the police submitted a charge-sheet being Charge Sheet no. 251/2022 dated 28.09.2022 against the driver of the alleged offending vehicle. The police also furnished an Accident Information Report dated 19.09.2022 in Form-54 of the Motor Vehicles Act, 1988 reporting the accident.

4.1. The office of the Registrar of Birth & Death, Morigaon Garmari State Dispensary has issued a Death Certificate on 23.09.2022 recording the death of Late Amrit Bordoloi on

04.09.2022. On an application being made, the office of the Deputy Commissioner, Morigaon district has issued a Next-of-Kin [NoK] Certificate on 13.12.2022, recording that the petitioner being the wife of the deceased, is one of the Next-of-Kins [NoKs] of Late Amrit Bordoloi besides one minor son and his parents. It is stated that after the death of her husband, the petitioner submitted a Representation dated 17.10.2022 before the Deputy Commissioner, Morigaon seeking the ex gratia amount of ₹ 2,00,000/- for the deceased person in terms of the policy framed by the State 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, Morigaon, 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 Page No.# 4/6

04.09.2022 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 grant to the Next-of-Kin [NoK] of a 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 ₹ 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 is noticed that by the Notification dated 15.10.2014, the State Government has revised the quantum of relief in the form of ex gratia in supersession of the previous Notification in that regard. It has been brought to the notice of the Court 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 17.11.2023, the respondents were put to notice. But till date, no response has been filed by any of the respondents.

¶8Both Ms. Bordoloi and Mr. Goswami are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident had occurred subsequent to 15.11.2014. It is submitted by Ms. Bordoloi and Mr. Goswami, 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 Page No.# 5/6 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 was 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 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 responses from the respondents, the same can be disposed of as the claim for relief in the form of ex gratia to the petitioner, as sought for 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, is to be verified and considered first at the end of the jurisdictional Deputy Commissioner. 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 concerned authorities, wherever necessary, 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 shall thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next-of-Kins [NoKs] found entitled, in Page No.# 6/6 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, Morigaon 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, if any, is/are directed to extend her/their assistance and cooperation during the process of such verification and shall furnish the relevant information/ documents, available at 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 disposed of. No cost.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010255652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6570/2023o HIMADRIoAMCHIo W/O-oLATEoAMIToBORDOLOI,oVILL.-oOUJARI,oP.O.oBAGHARA,oP.S.oANDo DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RoANDoR)oANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoDISTRICToCOMMISSIONER oMORIGAON oASSAM oPIN-o782015. 4:THEoSUPERINTENDENToOFoPOLICE oMORIGAON oASSAM oPIN-o782015. 5:THEoCIRCLEoOFFICER oMORIGAONoREVENUEoCIRCLE oDIST.oMORIGAON oASSAM oPIN-o782015. Page No.# 2/6 6:THE OFFICER-IN-CHARGE MORIGAON POLICE STATION MORIGAON ASSAM PIN- 782015 Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY