Gauhati High Court
Tapeswari Rajbangshi vs The State Of Assam And 4 Ors on 7 March, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010016572022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/757/2022
TAPESWARI RAJBANGSHI
W/O MADAN RAJBANGSHI, R/O VILL. SIMALIBARI, MAHAJANPARA,
P.S.GORESWAR, DIST. BAKSA (BTAD), ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT.,
DISPUR, GUWAHATI 6
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY 6
3:THE DEPUTY COMMISSIONER
BAKSA
ASSAM
PIN 782445
4:THE SUPERINTENDENT OF POLICE
BAKSA
ASSAM
PIN 782445
5:THE CIRCLE OFFICER GORESWAR
BAKSA (BTAD)
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P.O. AND P.S. GORESWAR
ASSAM
DIST. BAKSA (BTAD)
ASSAM
PIN 78244
Advocate for the Petitioner : MS. D J BORAH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 07-03-2022 Heard Ms. D.J. Borah, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent No. 1; Mr. P. Nayak, learned Standing Counsel, Finance Department & BTC for the respondent Nos. 2 and 5; and Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent Nos. 3 and 4.
2. The petitioner has instituted this writ petition seeking inter-alia a direction to the respondent authorities, more particularly, the respondent No. 1 and respondent No. 3 to disburse the ex gratia amount in terms of the Notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that she being the mother, is the next-of-kin of one Gopal Rajbangshi @ Gagan Rajbangshi.
3. The case projected on behalf of the petitioner, in brief, is that her son, Gopal Rajbangshi @ Gagan Rajbangshi met with an accident on 18.10.2017. On that day, her son, aged about 28 years, was going from Choukigate side towards his home by riding a motor-cycle by the National Highway no. 31 and at that point of time, one car suddenly overtook the motor cycle of her son. As a result of such sudden overtaking, he lost control and fell down from the motor-cycle on the National Highway. At that moment, one truck coming at an excessive speed and in a rash and negligent manner, knocked down the motor cycle and as a result of the impact, the son of the petitioner sustained grievous injuries on his person and he was immediately taken to the TRB Army Hospital located nearby. The son of the petitioner expired during the course of the treatment on 18.10.2017. In connection with the incident, one First Information Report [FIR] was lodged before the Officer In-charge, Changsari Police Station on 17.11.2017 and the said FIR was registered as Changsari Police Station Case No.347/2017 under Sections 279/304A Indian Penal Code.
4. The post-mortem examination on the dead body of late Gopal Rajbongshi @ Gagan Rajbongshi was performed at the Gauhati Medical College & Hospital [GMCH] on 19.10.2017. As per the post- mortem examination report, the death was due to injuries sustained in the head and it was opined that all injuries were ante-mortem in nature and the same were caused by blunt force impact.
5. It is projected on behalf of the petitioner that she is next-of-kin of Gopal Rajbangshi @ Gagan Rajbangshi who died in an accident in a public place. It is further contended that as she as the next-of-
Page No.# 3/4 kin of the person who died in the accident, is entitled to receive the quantum of relief in terms of the policy formulated by the State Government as per the notification dated 15.11.2014.
6. On perusal of the said notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for an ex-gratia grant to the next of kin (NoK) of a person killed due to accident in public place or in a 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 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.
7. 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, part, 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.
8. Mr. Deuri has submitted, on instruction received by him, that no representation had been submitted by the petitioner at any earlier point of time before the respondent authorities seeking disbursal of any ex-gratia amount. Both Ms. Mahanta and Mr. Deuri are, however, not in disagreement of the fact that in this writ petition, the petitioner has claimed that the alleged accident in question had occurred subsequent to 15.11.2014. It is submitted by Ms. Mahanta and Mr. Deuri, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department, the concerned Deputy Commissioner shall have to examine the case 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 either in the public place or involving a public carrier, resulting in the death of the person, mentioned above, and secondly, the claim of the petitioner as the next of kin (NoK) of the person who stated to have died as a result of the alleged road traffic accident.
9. The said submission advanced on behalf of the respondents are duly considered. At the same time, it is found that the petitioner has claimed to have lost her near and dear one, that is, her son as a result of the accident stated to have occurred in the public place or involving a public carrier and her claim for ex-gratia grant in terms of the notification dated 15.11.2014 has not been given due consideration till date.
10. This 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, WP[C] no. 2100/2019 [Gunalata Das Vs. The State of Assam] and similar other writ petitions, by observing that the dominate 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.
11. Taking 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 the claim for the relief in the form of ex-gratia grant of the petitioner in this writ petition as the next-of-kin (NoK) of the person killed in accident, the facts of which are briefly narrated above, is to be verified and considered first at the end of the concerned Deputy Commissioner and after such verification and consideration by calling for reports from the concerned Circle Officers and/or the concerned Police Station, wherever Page No.# 4/4 found necessary, the proposal shall thereafter, be forwarded by the concerned Deputy Commissioner along with his report[s], to the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department for release of ex-gratia grant in terms of the notification dated 15.11.2014. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, release the quantum of relief to the petitioner if found entitled, in terms of the notification dated 15.11.2014. 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 the Deputy Commissioner, Baksa along with a copy of the concerned writ petition along with the annexures, from the petitioner. It is accordingly ordered. The petitioner is directed to extend her cooperation during the process of such verification and shall furnish the relevant information/ documents to facilitate the process of verification.
12. With the observations made and directions given above, the writ petition stands disposed of. No costs.
JUDGE Comparing Assistant