Jonaki Das vs State Of Assam And 5 Ors

Heard Mr. R. Talukdar, learned Junior Government Advocate for the respondent nos. 1, 4, 5 and 6 and Mr. P.S. Deka, learned Standing Counsel,

Revenue and Disaster Management Department for the respondent no. 2.

Though none has appeared for the petitioner today on call, both Mr. Deka and Mr. Talukdar have submitted that this writ petition can be disposed

of at this stage in the manner similar writ petitions including W.P.[C] no. 2624/2021, were disposed of earlier.

The 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 ex-gratia amount of Rs. 2,00,000/- in terms of a notification dated 15.11.2014 of the Revenue and Disaster Management

Department, Government of Assam claiming that she is the Next of Kin [NoK] of a deceased person viz. Late Santanu Das, who died in a road

traffic accident occurred at a public place.

The petitioner has claimed to be the mother of the said deceased person, Late Santanu Das.

The case projected by the petitioner, in brief, is that at around 09-30 p.m. on 10.03.2021, Santanu Das was standing on the Chandmari flyover near

a two wheeler bearing registration no. AS-01/EK-0397. At that point of time, a four wheeler vehicle [Swift] bearing registration no. AS-01/DV-4330,

by coming from Chandmari side towards Gauhati Commerce College side, hit Santanu Das all of a sudden. As a result of the said accident, Santanu

Das sustained serious injuries and he was taken immediately thereafter, to the Gauhati Medical College and Hospital [GMCH] for treatment but the

doctors at the GMCH declared Santanu Das as brought dead. In connection with the incident, the brother of the deceased lodged one First

Information Report [FIR] before the Officer-in-Charge, Chandmari Police Station on 11.03.2021 and the said FIR was registered as Chandmari Police

Station Case no. 233/2021 under Sections 279/304A, Indian Penal Code. A death certificate recording the death of Santanu Das was also issued by

the Registrar of Births & Deaths, Joint Director of Health Services, Kamrup [M] on 10.05.2021. After the death her son, the petitioner had submitted

a representation dated 15.07.2021 before the Deputy Commissioner, Kamrup [M] seeking the ex-gratia amount of Rs. 2,00,000/- of the deceased

person in terms of the policy framed by the Government of Assam in the Revenue and Disaster Management Department and as notified by the

notification dated 15.11.2014. The said representation was acknowledged by the office of the respondent no. 4 under its seal and signature on

17.07.2021. When no response was received from the end of the respondent no. 4, the petitioner is constrained to file the writ petition seeking the

above direction.

It has, thus, been contended on behalf of the petitioner that she is the Next of Kin [NoK] of the person who died in an accident occurred on

10.03.2020 at a public place. It is further contended that as such Next of Kin [NoK] of the 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.

On perusal of the said notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for ex gratia grants to the Next of

Kin [NoK] of persons killed due to accidents in public places 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 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.

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, 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.

Both Mr. Deka and Mr. Talukdar are 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 Mr. Deka and Mr. Talukdar, in unison, that before placing the matter before the

Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department, the concerned 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 either in public places or involving public carriers, 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 said alleged road traffic accident.

The said submissions 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 as a result of the accident stated to have occurred at a public place and her claim for ex-gratia amount in terms of the

notification dated 15.11.2014 has not been given due consideration till date.

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, W.P.[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.

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 claims for the relief in the form of ex gratia grants of the petitioners in this writ petition as the Next of Kin

[NoK] of the person killed in an accident, the facts of which are briefly narrated above, are 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 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

amount 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 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 concerned Deputy Commissioner, Kamrup [M] along with

a copy of the writ petition along with the annexures, from the petitioner. It is accordingly ordered. The petitioner is directed to extend her assistance

and cooperation during the process of such verification and shall furnish the relevant information/documents, available at her disposal to facilitate the

process of verification, as and when asked for.

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