Gauhati High Court
Page No. 1/4 vs M/S Green Alliance Engineering ... on 18 November, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/4
GAHC010225652025
2025:GAU-AS:15803
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5962/2025
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR, AN AUTONOMOUS SOCIETY UNDER THE MINISTRY OF HEALTH
AND FAMILY WELLFARE, GOVT. OF INDIA, REPRESENTED BY ITS
DIRECTOR, TEZPUR, ASSAM, PIN- 784001
VERSUS
M/S GREEN ALLIANCE ENGINEERING SERVICES PVT LTD AND 3 ORS
(THROUGH ITS MANAGING DIRECTOR/AUTHORIZED REPRESENTATIVE)
OFF ADD- C-326, 2ND FLOOR, VIKAS PURI, NEW DELHI- 110018
CORPORATE OFFICE AT G2-4, VARDHMAN CHAMBERS VIKAS PURI, NEW
DELHI- 110018
2:THE DELHI INTERNATIONAL ARBITRATION CENTRE (DIAC)
REPRESENTED BY ITS DIRECTOR/SECRETARY DELHI INTERNATIONAL
ARBITRATION CENTRE
DELHI HIGH COURT CAMPUS SHERSHAH ROAD
NEW DELHI- 110503
3:PUNEET TANEJA
SR.. ADVOCATE
CHAMBER-21
LAWYERS CHAMBER
DELHI HIGH COURT
NEW DELHI- 110003
PH-011-23387390
4:MICRO AND SMALL ENTERPRISE FACILITATION COUNCIL
REPRESENTED BY THE HONBLE CHAIRPERSON
MSEF COUNCIL DISTRICT (WEST)
PLOT NO.3
SHIVAJI PLACE
RAJA GARDEN
Page No. 2/4
NEW DELHI- 11002
Advocate for the Petitioner : MR. A K DUTTA, SC, L G B R I M H
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 18.11.2025 Heard Mr. S.I. Akand, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 - 6; and Mr. B. Das, learned Standing Counsel, APDCL for the respondent no. 7.
2. The petitioner as the father of one Sahanur Ali has instituted the present writ petition under Article 226 of the Constitution of India seeking a direction to the respondent authorities for disbursement of ex-gratia relief in terms of a Notification bearing no. RR.33/2014/66 dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam, which has specified for ex-gratia amount to the Next-of-Kin [NoK] of the person killed due to accident in a public place or public carriers [other than killed by extremists/terrorists/miscreants and due to firing of security forces].
3. According to the petitioner, his son, Sahanur Ali was cleaning and washing a vehicle [dumper] bearing registration no. AS-01/JC-9921, as he was employed as the handyman/cleaner. The dumper was parked by its driver on Baulagog Pomakuchi Road at Village - Baulagog, P.O. Amguri, P.S. Baithalangso, District - West Karbi Anglong, Assam on 08.01.2019. While cleaning and washing at around 08-30 a.m. to 09.30 a.m., Sahanur Ali lifted up the top of the vehicle to clean the same and at that point of time, the lifted part of the dumper touched one 11 K.V. electricity transmission line above. As a result, the dumper got electrocuted and Sahanur Ali, who was inside the dumper, died instantaneously on the spot due to electrocution. When the post-mortem examination on the deadbody of Sahanur Page No. 3/4 Ali was performed at Morigaon Civil Hospital, it was opined that the cause of death was due to cardio respiratory failure as a result of electrocution. In connection with the death of Sahanur Ali, general diary entries vide Ulukunchi Police Out Post General Diary Entry nos. 108 and 124 were registered on 08.01.2019 and thereafter, a case for unnatural death was registered at Baithalangshu Police Station as U.D. Case no. 02/2019 on 09.01.2019. From the contents of the General Diary Entry no. 125, it was revealed during investigation that the vehicle [dumper] was being washed by Sahanur Ali, its Handyman. After completing washing of the inside of the dumper, Sahanur Ali lifted the body of the dumper in order to wash the outer body of the dumper. At that time, the lifted body part of the dumper came into direct contact with the overhead electricity transmission line. As a result, Sahanur Ali, who was inside the dumper died due to electrocution.
4. The Notification dated 15.11.2014 had provided for ex-gratia relief mainly to persons, who were killed / injured due to extremist violence / terrorist violence / acts of miscreant / communal violence / ethnic violence / group clash / firing of security forces / accident, etc., who were kidnapped / abducted by extremist / terrorist / miscreant and whose dwelling houses are fully burnt / damaged whether due to acts of extremists / terrorist / miscreants or during communal violence / ethnic violence / group clash. Under the head of accident, provision has been made for ex-gratia relief to the Next-of-Kin [NoK] of the person killed due to accident in public places or in public carriers [other than killed by extremists / terrorists / miscreants and due to the firing of security forces].
5. As per Black's Law Dictionary, Tenth Edition, an accident is [1] an unintended and unforeseen injurious occurrence; [2] something that does not occur in the usual course of events or that could not be reasonably anticipated : any unwanted or harmful event occurring suddenly, as a collision, skill, fault, or the life, irrespective of cause of blame, cause of blame to an unforeseen and injurious occurrence not attributable to the victim's mistake, negligence, neglect or misconduct; and [3] an unanticipated and untoward event that causes harm. The meaning of accidental is not having occurred as a result of anyone's purposeful act : esp., resulting from an event that could not have been prevented by human skill or reasonable foresight or not having been caused by a tortuous act. An accident otherwise Page No. 4/4 means an event which takes place without one's foresight and expectation.
6. From the facts disclosed by the petitioner and as revealed from the General Diary Entry no. 125 dated 08.01.2019, it was the deceased who only was doing the cleaning and washing of the vehicle, at the relevant point of time. The deceased was employed as a handyman / cleaner for the vehicle in question. As a handyman / cleaner, he was not authorized to drive or operate the vehicle, unless he is in possession of a driving license to drive a vehicle of the kind in question. In the place where the dumper was parked, there was an overhead electricity transmission line. Had the deceased exercised reasonable care and caution and exercised reasonable foresight, the act of electrocution could have been easily avoided. From the materials on record, it is evident that the death of Sahanur Ali was an occurrence not attributable to any person, other than himself.
7. The death referred to in the case in hand cannot be brought within the purview of the Notification dated 15.11.2014. In the considered view of the Court, the ex-gratia relief to the Next-of-Kin of a person killed due to accident in public places are confined the causes which can be attributable to any third, other than the victim himself. In the event there was lack of reasonable care, caution or foresight on the part of the victim himself which led to his death, such an event is not one which would entitle the Next-of-Kin [NoK] of such person to receive the ex-gratia relief in terms of the Notification dated 15.11.2014.
8. In the above view of the matter, this writ petition is found to be bereft of merit. Hence, it is dismissed. No order as to costs. It is observed that the dismissal of the writ petition shall not preclude the petitioner to seek relief if the petitioner is entitled to receive relief in any other manner as per law.
JUDGE Comparing Assistant