Dipali Basumatary vs State Of Assam And 6 Ors

Heard Mr. M.R. Khandakar, learned counsel for the petitioner; Mr. D. Nath, leaned Senior Government Counsel for the respondent nos. 1 and 5

â€" 7; Mr. P.S. Deka, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2; Mr. R. Borpujari, learned

Standing Counsel, Finance Department for the respondent no. 3; and Mr. J. Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council for

the respondent no. 4.

The present writ petition has been preferred seeking a direction to the respondent authorities to disburse an amount of Rs. 2,00,000/- as ex-gratia to

the petitioner as the next of kin of a person killed due to accident in public places or in public carriers [other than killed by

extremist/terrorist/miscreants and due to firing by security forces] in terms of the policy formulated by the Revenue & Disaster Management

Department, Government of Assam as contained in the Notification dated 15.11.2014.

It is projected on behalf of the petitioner that the petitioner is the wife of one Gopinath Basumatary. It is averred that on 11.08.2015, Gopinath

Basumatary met with an accident on the PWD road at Kangki Basti under Howraghat Police Station in the district of Karbi Anglong, Assam.

In connection with the said accident one Sri Tufan Basumatary who is the brother of Gopinath Basumatary and the brother-in-law of the petitioner,

lodged one First Information Report [FIR] before the Officer In-Charge, Howraghat Police Station on 11.08.2015 stating inter alia that at around 03-

00 p.m. on 11.08.2015, Gopinath Basumatary along with others was going to Bakalia from Howraghat in a vehicle [Alto car] bearing registration no.

AS-01/BL-8765 and when the vehicle reached at Kangki Basti, it was knocked down by a truck coming from the opposite direction in a rash and

negligent manner. In the said accident, Gopinath Basumatary sustained serious injuries. Gopinath Basumatary was immediately taken to Howraghat

Hospital but he expired in the meantime. On the basis of the said FIR, a case being Howraghat Police Station case no. 42/2015, was registered under

Sections 279/337/304A/427, Indian Penal Code [IPC] and investigation was carried out. After investigation, the respondent no. 7 issued a police report

Form â€" 54 on 04.09.2015 reporting that the deceased, Gopinath Basumatary died in a road accident on 11.08.2015. The petitioner has also submitted

a death certificate dated 18.08.2015 issued by the Registrar, Birth and Death, Diphu Civil Hospital.

The petitioner has stated that a representation dated 16.10.2020 was submitted by her before the respondent no. 5 seeking disbursal of an amount

of Rs. 2,00,000/- as ex-gratia due to the death of her husband in a road accident on the ground that the notification is applicable in respect of the death

of her husband as the accident occurred in a public place.

Mr. Nath, learned Senior Government Advocate has submitted a communication bearing No. KGRR/Writ Petition [C] No. 4520/2021/23 dated

23.10.2021, which he has received from the respondent no. 5 along with a report.

As per the said report, the respondent no. 5 has already received all the requisite documents along with the police verification report. It is reported

that the proposal along with the sanction order for ex-gratia amount of Rs. 2,00,000/- issued by the office of the respondent no. 5 has already been

forwarded to the Revenue & Disaster Management Department, Government of Assam vide office letter No. KGRR-16[C]/Road Accident/2021/230

dated 30.09.2021 for fund.

Mr. Deka, learned Standing Counsel, Revenue & Disaster Management Department, in view of the above information provided by Mr. Nath, has

submitted that this writ petition can be disposed of at this stage with a direction to the respondent no. 2 to take the matter of disbursal of ex-gratia

amount of Rs. 2,00,000/- for consideration and to disburse the said amount within a stipulated time period, if the petitioner is found entitled for the

same.

Upon due consideration of the submissions made by the learned counsel for the parties, this Court is of the considered view that the claim for the

relief of ex-gratia under the policy calls for an expeditious consideration. Taking an overall view of the submissions advanced by the learned counsel

for the parties and the rationale behind the policy formulated by the Government of Assam in the Revenue & Disaster Management Department by

the notification dated 15.11.2014 which has provided for an ex-gratia of Rs. 2,00,000/- to the next of kin of a person killed due to an accident in a

public place or in a public carrier, this Court is of the considered view that the claim for the relief in the form of ex-gratia to the petitioner is to be

considered at the end of the respondent no. 2 i.e. the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management

Department and the respondent no. 2 after due consideration, shall release the quantum of relief to the petitioner in terms of the notification dated

15.11.2014, if the petitioner is found entitled for the same. The entire exercise in respect of the case involved in this writ petition should be completed

by the respondent authorities within a period of 2 [two] months from the date of receipt of a certified copy of this order by the office of the respondent

no. 2 along with a copy of the writ petition with the annexure, from the petitioner and a certified copy of this order. The petitioner is directed to extend

her assistance and cooperation as and when called for.

With the observations made and the directions given above, this writ petition stands disposed of. No cost.