Disposed

Satendra Baro v. the State of Assam and 4 Ors.

Gauhati HC4 Jan 2022WP(C)/5030/2021

Case brief

AI extract

What is this about?

Petitioner sought ex-gratia compensation as a next of kin following his mother's death in a road accident. Court noted existence of two other brothers and directed authorities to consider the application, considering petitioner's share among future beneficiaries.

What did the court decide?

Writ petition disposed; authorities directed to consider petitioner's application and distribute compensation proportionately among all next of kin.

Satendra Baro Vs the State of Assam and 4 Ors. — Motor Accident Claims | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010153252021

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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)/5030/2021

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SATENDRA BARO

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S/O LATE SAMBAR BARO, R/O VILL. SANTIPUR, P.S. BARAMA, DIST. BAKSA, BTAD, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (RELIEF AND REHABILITATION) DEPTT., DISPUR, GUWAHATI 06

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781006

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3:THE DEPUTY COMMISSIONER BAKSA P.O. AND P.S. MUSALPUR DIST. BAKSA ASSAM.

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4:THE SUPERINTENDENT OF POLICE BAKSA P.O. AND P.S. MUSALPUR DIST. BAKSA ASSAM.

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5:THE REVENUE CIRCLE OFFICER

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BARAMA P.O. BARAMA P.S. BARAMA DIST. BAKSA ASSAM

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Advocate for the Petitioner : MR I HAQUE

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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04.01.2022

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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.

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It is stated by the petitioner that his mother Lakhyashri Baro, W/O-Late Sombor Baro met with a road traffic accident on 07.10.2019 around 5:00 PM in front of the house of one Mohesh Masumatary, S/O-Late Akhiram Basumatary on Santipur-Dhamdhama road at Village-Santipur, Bogripur, while she was proceeding to Dhamdhama market, a motor cycle bearing Registration No. AS-25H-8830, knocked her down from backside in which she sustained grievous injuries. Though she was admitted at Dhamdhama Public Health Centre but due to the injuries sustained in the said road traffic accident said Lakhyashri Baro expired on 07.10.2019 itself. Pertaining to the said accident, Barama P.S. GD Entry Nos. 126 and 129 dated 07.10.2019 were made, and subsequently with regard to said accident Barama P.S. Case No.42/2021 under Sections 297/338/304(A) IPC was registered.

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By this application, the petitioner is seeking a direction to the respondents herein to pay him ex-gratia grant of Rs.2,00,000/- being the next of kin of his deceased mother said Lakhyashri Baro 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

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Page No.# 3/3

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Circle Officer, Baganpara Revenue Circle, Baganpara, District Baksa placed before the Court the relevant information by its communication dated 13.12.2021 through Ms. M. Barman, learned Government Advocate, Assam.

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From the said communication dated 13.12.2021 submitted by the Circle Officer, Baganpara Revenue Circle, Baganpara, District Baksa it is seen that said Lakhyashri Baro left behind the petitioner and two other sons, namely, Dilip Baro and Montu Baro. However, the petitioner in this petition did not state about his two other brothers left behind by said Lakhyashri Baro, deceased mother of the petitioner.

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Considering the said report of the Circle Officer, Baganpara Revenue Circle, Baganpara, District Baksa dated 13.12.2021, this writ petition is disposed with the observation that in the event of any such application filed by the petitioner for such exgratia grant, 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 distribute the ex-gratia compensation to the next of kins of said Lakhyashri Baro following the due procedure and in accordance with law as per his share of entitlement, if there is no other impediment in paying the said amount to him.

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Copy of the communication No.BRP-02/2020/61 dated 13.12.2021 of the Circle Officer, Baganpara Revenue Circle, Baganpara as well as the forwarding letter issued by the Additional Deputy Commissioner, Baksa, Mushalpur dated 03.01.2022 placed before the Court by Ms. M. Barman, learned Government Advocate, Assam be kept as part of the record.

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The petitioner shall furnish the certified copy of this order before the appropriate authority.

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JUDGE

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Comparing Assistant

Satendra Baro v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Satendra Baro v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

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