Disposed

Minati Das v. the State of Assam and 5 Ors.

Gauhati HC14 Aug 2023WP(C)/1970/2023

Case brief

AI extract

What is this about?

A writ petition filed by the mother of a deceased person for ex-gratia compensation for her son who died in a road accident. The Court disposed of the writ petition, directing the Deputy Commissioner to examine the petitioner's representation and release compensation within three months if eligible under the Government notification.

What did the court decide?

Direction to the Deputy Commissioner to examine the petitioner's representation and release compensation within three months if entitled under the notification.

Minati Das Vs the State of Assam and 5 Ors. — Motor Accident Claims | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010059362023

¶3

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

¶4

Case No. : WP(C)/1970/2023

¶5

MINATI DAS

¶6

W/O- LATE MANESWAR DAS, VILL- KOIBARTATOLA, NIZ HAJO, P.O. AND P.S. HAJO, DIST.- KAMRUP (R), ASSAM, PIN- 781102

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6

¶9

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. ASSAM DISPUR GHY-6

¶10

3:THE DEPUTY COMMISSIONER KAMRUP (R) AMINGAON ASSAM PIN- 781031

¶11

4:THE SUPERINTENDENT OF POLICE KAMRUP (R) AMINGAON ASSAM PIN- 781031

¶12

5:THE CIRCLE OFFICER HAJO REVENUE CIRCLE

¶13

Page No.# 2/3

¶14

P.O. AND P.S. HAJO DIST.- KAMRUP (R) ASSAM PIN- 781102 6:THE OFFICER-IN-CHARGE HAJO POLICE STATION P.O. AND P.S. HAJO DIST.- KAMRUP (R) ASSAM PIN- 78110

¶15

Advocate for the Petitioner : MR. W RAHMAN

¶16

Advocate for the Respondent : GA, ASSAM

¶17

BEFORE

¶18

HONOURABLE MR. JUSTICE SUMAN SHYAM

¶19

ORDER

¶20

14.08.2023

¶21

Heard Mr. W. Rahman, learned counsel for the petitioner. Also heard Ms. N.

¶22

Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Assam appearing for the respondent No.1, Mr. A. Chaliha, learned Standing Counsel, Finance Department, Assam appearing for the respondent No.2 and Mr. N. Goswami, learned Govt. Advocate, Assam appearing for the respondent Nos.3 to 6.

¶23

The case of the writ petitioner, in a nutshell, is that her son, viz., late Jayanta Das, had sustained grievous injuries in a road accident which took place on 13.09.2019 at Kalitakuchi, Bezpara under Hajo Police Station in the district of Kamrup (Rural). Jayanta Das succumbed to his injuries on the same day. An F.I.R. was lodged based on which Hajo P.S. Case No.116/2020 was registered under Sections 279/304(A) of the IPC.

¶24

According to the petitioner, she is entitled to ex-gratia relief amounting to Rs.2

¶25

Page No.# 3/3

¶26

lakhs as per notification dated 15.11.2014 issued by the Government of Assam. Accordingly, a representation dated 03.08.2022 was submitted by her before the Deputy Commissioner, Kamrup (R) i.e. the respondent No.3 herein seeking ex-gratia relief. However, no action has been taken on her representation till today. Hence, this writ petition.

¶27

Mr. Goswami, learned Govt. Advocate, Assam, on instructions, submits that although no police report is available in this case, yet, the accident is not denied. Therefore, the claim for payment of compensation made y the writ petitioner can be examined by the competent authority in the light of notification dated 15.11.2014.

¶28

Similar is the stand of the learned counsel appearing for the other official respondents.

¶29

If that be so, this writ petition stands disposed of with a direction upon the respondent No.3 to examine the representation dated 03.08.2022 submitted by the petitioner, in the light of the standing Government notification. On such examination if it is found that the petitioner is entitled to ex-gratia compensation for the accidental death of her son, necessary steps, as may be permissible under the law, be initiated for release of the amount. The aforesaid exercise be carried out and completed within a period of three months from the date of receipt of a certified copy of this order.

¶30

With the above observation, the writ petition stands disposed of.

¶31

JUDGE

¶32

Comparing Assistant

Minati Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Minati Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shahenara Benun and 18 Ors. Vs the State of Assam and 7 Ors.

Maya Rani Das Vs Paban Kumar Borthakur, I.A.S. and 6 Ors.

Birendra Kumar Prasad Vs the State of Assam and 5 Ors.

Rosna Begum Vs the State of Assam and 5 Ors.

Puspadhar Das Vs the State Bank of India and Ors.

Mahendra Nath Alias Mahen Bordoloi Vs Sarat Bhuyan and Anr.