Disposed

Nur Islam v. the State of Assam and 4 Ors.

Gauhati HC8 Jun 2022WP(C)/3582/2021

Case brief

AI extract

What is this about?

Petitioner sought ex-gratia relief as next of kin of a deceased road accident victim. Court did not grant the amount but directed authorities to verify his claim within three months upon submission of post-mortem and next of kin certificates.

What did the court decide?

Writ petition disposed. Petitioner directed to submit post-mortem and next of kin certificate to jurisdictional Deputy Commissioner. Authorities directed to verify claim and sanction relief within thr

Nur Islam Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010113842021

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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)/3582/2021

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NUR ISLAM S/O SOBAN SHEIKH VILLAGE BIDYARDABRI PART II PO KAIMARI, PS GOLAKGANJ, DIST DHUBRI, ASSAM 783345

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE (R R) AND D.M DEPT. DISPUR, GUWAHATI 06

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2:THE DEPUTY COMMISSIONER

DHUBRI

ASSAM 783301

3:THE CIRCLE OFFICER

AGOMONI REVENUE CIRCLE PO AGOMONI PS GOLAKGANJ DIST DHUBRI ASSAM 783345

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4:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM 783301

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5:THE OFFICER IN CHARGE GOLAKGANJ POLICE STATION PO GOLAKGANJ

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DIST DHUBRI ASSAM 78333

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Advocate for the Petitioner : MR. M HUSSAIN

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 08-06-2022

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Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. R. Borpujari, learned Standing Counsel, Revenue Department for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2–5.

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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 amount of ₹ 2,00,000/- in terms of a notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that he is the Next of Kin [NoK] of the deceased person viz. Late Arsad Ali, 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 Arsad Ali.

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The case projected by the petitioner, in brief, is that at around 04-30 p.m. on 05.10.2019, his son viz. Arsad Ali along with two others viz. Saddam Hussain and Nekibul Hussain were at a place near Halakura Bazar and they

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were standing in the left side of 31 no. National Highway when a truck bearing registration no. AS-17/B-6561, coming from Boxirhat side towards Dhubri side in a rash and negligent manner and at a high speed, knocked down all three of them from the back side. As a result of the accident, Arsad Ali died at the spot and the other two persons viz. Saddam Hussain and Nekibul Hussain sustained serious injuries. The two injured persons were taken immediately to the nearby health facility, Halakura Hospital. The doctors at Halakura Hospital finding the injuries of the two injured persons serious, referred them to Mission Hospital, West Bengal. But one of them viz. Saddam Hussain died on 05.10.2019 itself. The petitioner has stated that the post-mortem examination of the deceased, Arsad Ali was performed at the Civil Hospital, Dhubri. In connection with the accident, a First Information Report [FIR] has been lodged before the Officer InCharge, Golakganj Police Station on 09.10.2019 and the said FIR has been registered as Golakganj Police Station Case no. 1182/2019 under Sections 279/304[A]/338, Indian Penal Code.

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After the death of the afore-stated person, the petitioner stated to have submitted a representation dated 24.02.2020 before the Deputy Commissioner, Dhubri seeking the ex-gratia amount of ₹ 2,00,000/- for the deceased person in terms of the policy framed by the Government in the Revenue & Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the office of the Deputy Commissioner, Dhubri, the petitioner has approached this Court by this writ petition.

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It has, thus, been contended on behalf of the petitioner that he is the Next of Kin [NoK] of the deceased person who died in a road traffic accident occurred on 05.10.2019 at a public place. It is further contended that as such

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Next of Kin [NoK] of the deceased person killed in such accident, he 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 person killed due to accident in public place 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.

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Both Mr. Borpujari and Ms. Barman are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident in question had occurred subsequent to 15.11.2014. It is submitted by them that the petitioner has not placed the post-mortem examination repot of the deceased and the Next of Kin [NoK] certificate issued by the jurisdictional Deputy Commissioner on record. It is further submitted by them that from the affidavit-in-opposition on behalf of the respondent no. 4, it transpires that the investigation of Golakganj Police Station Case no. 1182/2019

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is still in progress. It is submitted by Mr. Borpujari and Ms. Barman, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department, the jurisdictional 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 at a public place resulting in the death of the person, mentioned above; 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; thirdly, the claim regarding occurrence of the accident at a public place; and fourthly, the reason of death, as opined in the post-mortem examination report.

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From the affidavit-in-opposition of the respondent no. 4, it is noticed that the post-mortem examination of the deceased, Arsad Ali was done at the Civil Hospital, Dhubri. The Investigating Officer of the case had also performed mechanical examination of the offending vehicle through the Motor Vehicle Inspector, Dhubri and the concerned Motor Vehicle Report has been received in the course of investigation. The driver of the alleged offending vehicle viz. Ayub Ali was arrested and released on bail.

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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 dominant 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

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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 in so far as the post-mortem examination report and the Next of Kin [NoK] certificate are concerned, the petitioner shall obtain and produce the same along with an application which he will submit before the jurisdictional Deputy Commissioner. This Court is of the considered view that the claim for the relief in the form of ex gratia grant to the petitioner in this writ petition as the Next of Kin [NoK] of the person killed in a road traffic accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the jurisdictional Deputy Commissioner on the above four aspects and after such verification and consideration on all relevant aspects including the four aspects, as highlighted by the learned counsel for the State respondents, by calling for reports from the other authorities, the proposal shall thereafter, be forwarded by the jurisdictional Deputy Commissioner along with his report, 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, if the petitioner is found entitled to receive the same. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next of Kins [NoKs] 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 an application from the petitioner along with the copies [i] Next of Kin [NoK] certificate, [ii] post-

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mortem examination report and [iii] a certified copy of this order by the office of Deputy Commissioner, Dhubri along with a copy of the writ petition with the annexures, from the petitioner. It is accordingly ordered. The petitioner and/or the other Next of Kins [NoKs] of the deceased person is/are directed to extend his/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at his/their 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

Nur Islam v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Nur Islam v. the State of Assam and 4 Ors.

Case brief

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