Partly allowed
Nirala Lahari v. the State of Assam and 4 Ors.
Gauhati HCWP(C)/5027/2021
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GAHC010153212021 THE GAUHATI HIGH COURT…
What the court decided
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GAHC010153212021 THE GAUHATI HIGH COURT…
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GAHC010153212021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5027/2021
NIRALA LAHARI
D/O LATE ETEN, W/O MADAN LAHARI, R/O VILL. 1 NO. KALJAR, P.S. BARAMA, DIST. BAKSA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSM, REVENUE AND DISASTER MANAGEMENT (RELIEF AND REHABILITATION) DEPTT.,DISPUR, GUWAHATI 6
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GUWAHATI 781006
3:THE DEPUTY COMMISSIONER
BAKSA P.O.AND P.S. MUSALPUR DIST. BAKSA ASSAM.
4:THE SUPERINTENDENT OF POLICE
BAKSA P.O. AND P.S. MUSALPUR DIST. BAKSA ASSAM.
5:THE REVENUE CIRCLE OFFICER
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BARAMA P.O. BARAMA P.S. BARAMA DIST. BAKSA ASSAM
Advocate for the Petitioner : MR I HAQUE
Advocate for the Respondent : GA, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
04.01.2022
Heard Mr. I. Haque, learned counsel for the petitioner and Mr. B. J. Talukdar, learned Standing Counsel, Revenue & Disaster Management (Relief and Rehabilitation) Department for the respondent No. 1. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent No. 2 as well as Ms. M. Barman, learned Government Advocate, Assam for the respondent Nos. 3 to 5.
The petitioner herein is the married daughter of Late Jamini Medhi who met with a road traffic accident on 05.12.2019 around 2:40 PM at Village-Kaljar in front of her house when she was crossing Barama-Musalapur PWD Road and sustained severe injuries as she was knocked down by an unknown motor cycle that was coming from the side of Musalpur. Though the mother of the petitioner was taken to Baksa Civil Hospital and admitted there, but due to her injuries, she expired on 05.12.2019 itself. With regard to said accident, Barama P.S. GD Entry No.83 dated 05.12.2019 was made.
By this application, the petitioner is seeking a direction to the respondents herein to pay her ex-gratia grant of Rs.2,00,000/- being next of kin of her deceased mother Jamini Medhi in terms of the Notification No.RR.33/2014/66 dated 15.11.2014 of the State Government in the Revenue and Disaster Management Department, Relief & Rehabilitation Branch.
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Pursuant to the orders passed by this Court earlier on 27.09.2021 and 29.11.2021, the Circle Officer, Barama Revenue Circle, Barama by its communication dated 14.12.2021, through Ms. M. Barman, learned Government Advocate, Assam, placed before the Court that said Jamini Medhi died on 05.12.2019 in Baksa Civil Hospital while she was undergoing treatment due to serious injuries that she sustained on being knocked down by an unknown motor cycle while she was crossing Barama-Musalapur PWD Road.
By the said communication dated 14.12.2021, the Circle Officer, Barama Revenue Circle, Barama also placed before the Court that the petitioner is the next of kin of said Jamini Medhi being her married daughter and that no one from the family of said Jamini Medhi applied for ex-gratia compensation nor anyone from her family received any such ex-gratia compensation earlier.
Considering the said report of the Circle Officer, Barama Revenue Circle, Barama dated 14.12.2021, this writ petition is disposed of observing that in the event of any such application filed by the petitioner, the authority concerned shall consider the same in terms of the said Notification dated 15.11.2014 of the State Government in the Revenue and Disaster Management Department, Relief & Rehabilitation Branch and shall pay her the ex-gratia compensation following the due procedure and in accordance with law and as per her entitlement, if there is no other impediment in paying the said amount to her.
Copy of the communication No.BMC-74/2007-2011/502 dated 14.12.2021 of the Circle Officer, Barama Revenue Circle, Barama placed before the Court by Ms. M. Barman, learned Government Advocate, Assam be kept as part of the record.
The petitioner shall furnish the certified copy of this order before the appropriate authority.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, as next of kin of a deceased motor accident victim, is entitled to a direction from the High Court to consider her claim for ex-gratia compensation under the relevant State Gov
1 provisions across 1 enactments
Nirala Lahari
The State of Assam
Commissioner and Secy to the Govt of Assam
Deputy Commissioner Baksa
Superintendent of Police Baksa
Revenue Circle Officer Barama
Manash Ranjan Pathak
As recorded by the court registry
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