Disposed

Debanan Basumatary v. the State of Assam and 3 Ors.

Gauhati HC18 May 2022WP(C)/3138/2022

Case brief

AI extract

What is this about?

A writ petition seeking ex-gratia relief for the petitioner as the next of kin of a deceased who died in a road traffic accident. The court directed authorities to verify the claim and expedite the process within three months, emphasizing the need for immediate succour to the family.

What did the court decide?

Directions for verification of next-of-kin status and accident details by the Deputy Commissioner within three months, followed by release of ex-gratia grant.

Debanan Basumatary Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010089492022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3138/2022

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DEBANAN BASUMATARY

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S/O- MERGA BASUMATARY, R/O- VILL. AITUGAON ( KALUGAON), P.O. SIMBARGAON, P.S. KOKRAJHAR, DIST. KOKRAJHAR (B.T.R.), ASSAM, PIN783370.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE ( RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI- 781006.

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2:THE DEPUTY COMMISSIONER KOKRAJHAR ASSAM P.O. AND P.S. KOKRAJHAR PIN- 783370.

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3:THE CIRCLE OFFICER KOKRAJHAR REVENUE CIRCLE P.O. AND P.S. KOKRAJHAR DIST.- KOKRAJHAR ASSAM PIN- 783370.

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4:THE OFFICER-IN-CHARGE KOKRAJHAR POLICE STATION P.O.- KOKRAJHAR DIST.- KOKRAJHAR ASSAM PIN- 783370

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Advocate for the Petitioner : S I AKAND

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 18-05-2022

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Heard Mr. S.I. Akhtar, learned counsel for the petitioner; Mr. P.S. Deka, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

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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 he is the Next of Kin [NoK] of a deceased person viz. Late Siraj Basumatary, who died in a road traffic accident occurred at a public place.

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The petitioner has claimed to be the father of the said deceased person, Late Sriraj Basumatary.

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The case projected by the petitioner, in brief, is that at around 08-00 p.m. on 26.10.2020, his son, Siraj Basumatary was sitting at the roadside of a P.W.D. road near Aitug Doitun Club, Simbargaon, Police Station- Kokrajhar, DistrictKokrajhar, Assam. At that time, a four wheeler vehicle bearing Registration No. AS. 01-BS-2347 proceeding wrongly from the South side towards North side, driven by its driver in a rash and negligent manner hit Siraj Basumatary. As a

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result of the accident, Siraj Basumatary sustained grievous injuries on his person. He was immediately taken to R.N.B. Civil Hospital, Kokrajhar for treatment. But, during the course of the treatment at the said Hospital, he breathed his last on 27.10.2020. The post-mortem examination on the dead body of the deceased was conducted by the doctors of R.N.B. Civil Hospital, Kokrajhar on 27.10.2020. In the post-mortem examination report, it was opined that the cause of death was severe lethal head injury which caused severe brain injury and extensive haemorrhage and shock following RTA [Road Traffic Accident]. In connection with the above mentioned road traffic accident, a First Information Report [FIR] was lodged before the Officer In-Charge, Kokrajhar Police Station on 27.10.2020 and the said FIR has been registered as Kokrajhar Police Station Case No. 633/2020 under Sections 273/304A, Indian Penal Code [IPC]. The In-Charge of Balajan Block P.H.C. has issued a death certificate Dated 25.11.2020 recording the death of the deceased. After the death of the deceased, the petitioner had submitted a representation dated 04.01.2022 before the Deputy Commissioner, Kokrajhar seeking exgratia amount of Rs. 2,00,000/- for 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. In order to buttress the submission as the Next of Kin [NoK] of the deceased person, the petitioner has annexed a Next of Kin [NoK] certificate [ Annexure-6] issued by the office of the Deputy Commissioner, Kokrajhar on 06.05.2022 wherein the petitioner and other family members of the deceased person are shown as the Next of Kins [NoKs] of the deceased, Siraj Basumatary.

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It has, thus, been contended on behalf of the petitioner that he is one of the the Next of Kins [NoKs] of the person who died on 27.10.2022 following a

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road traffic accident occurred on 26.10.2020 at a public place. It is further contended that as one of the Next of Kins [NoKs] of the person killed in such accident, the petitioner 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.

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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.

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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.

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Both Mr. Deka and Mr. Talukdar are not in disagreement to 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 jurisdictional Deputy Commissioner shall have to examine the

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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 public places resulting in the death of the person, mentioned above, and secondly, the claim of the petitioner as one of the Next of Kins [NoKs] of the person who stated to have died as a result of the said alleged road traffic accident.

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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 his near and dear one as a result of the accident stated to have occurred at a public place and his claim for exgratia amount in terms of the notification dated 15.11.2014 has not been given due consideration till date.

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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.

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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 one of the Next of Kins [NoKs] 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 jurisdictional

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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 jurisdictional Deputy Commissioner along with his report[s], to the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department for release of ex gratia amount in terms of the notification dated 15.11.2014, if the petitioner and/or any other Next of Kins [NOKs] is/are found entitled. The Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department shall thereafter, release the quantum of relief to the petitioner and/or any other Next of Kins [NOKs] is/are 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, Kokrajhar 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 his assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at his disposal, to facilitate the process of verification, as and when asked for.

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

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JUDGE

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Comparing Assistant

Debanan Basumatary v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Debanan Basumatary v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

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