Disposed

Lakshya Bora v. the State of Assam and 4 Ors.

Gauhati HC3 Mar 2024WP(C)/1233/2024

Case brief

AI extract

What is this about?

This writ petition was disposed at the motion stage. The Gauhati High Court directed the Deputy Commissioner, Nagaon, to consider and dispose of the petitioner's application for ex-gratia payment of Rs. 2,00,000 following her husband's death in a motor vehicle accident, conducting proper verification and ensuring payment per the relevant government notification within sixty days.

What did the court decide?

Direction to Deputy Commissioner, Nagaon to dispose of the petitioner's application and pay ex-gratia of Rs. 2,00,000 after proper verification within 60 days.

Lakshya Bora Vs the State of Assam and 4 Ors. — Motor Accident Claims | Gauhati HC (2024)

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GAHC010039732024

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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)/1233/2024

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LAKSHYA BORA

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W/O- LATE NITYANANDA BORA,R/O- VILLAGE- LACHITPUR, NEAR NAMGHAR DIMORUGURI, P.S- NAGAON SADAR, P.O- PANIGAON, DIST- NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT ASSAM, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPTT ASSAM DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER NAGAON P.O AND P.S -NAGAON ASSAM PIN-782001

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4:THE SUPERINTENDENT OF POLICE NAGAON P.O AND P.S -NAGAON ASSAM PIN-782001

5:THE CIRCLE OFFICER

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SADAR CIRCLE

P.O P.S AND DIST-NAGAON ASSAM PIN-78200

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Advocate for the Petitioner : MR. B CHETRI

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE K. SEMA

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ORDER

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Date : 04-03-2024

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Heard Mr. B. Chetri, learned counsel for the petitioner, Ms. S. Sharma, learned Government Advocate for the respondent No. 3, 4 & 5, Ms. N. Bordolio, learned Standing counsel, Revenue & Disaster Management department for the respondent No. 1 and Mr. B. Gogoi, learned Standing counsel, Finance department for the respondent No. 2.

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The present writ petition is disposed at the motion stage as proposed by the learned counsel for the parties.

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The fact of the case in brief is that the petitioner’s husband namely, Nityananda Bora was knocked down by a motorcycle at Abhinav Gusti, Dimoruguri on 27/02/2022 at about 5:30 P.M. As a result of which the petitioner’s husband sustained grievous injury and was immediately taken to B.P. Civil Hospital, Nagaon. However, considering the seriousness of the injury, the petitioner’s husband was referred to the GMCH, Guwahati for better treatment. However, the petitioner‘s husband succumbed to the injuries on 28/02/2022 at around 04:25 P.M. In connection with the accident, the petitioner’s son has lodged the FIR dated 16/03/2022 to the Police Officer of Traffic Branch, Nagaon and pursuant to which the Nagaon P.S Case No. 323/2022 u/s 279/304(A) IPC has been registered.

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Mr. B. Chetri, learned counsel for the petitioner submits that the petitioner’s husband had died out of motor vehicle accident in public place, the petitioner, who is the wife of the

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deceased, is therefore entitled to receive ex-gratia of Rs. 2,00,000/- (Rupees two lakh) only in terms of the notification dated 15/11/2014 issued by the Government of Assam, Revenue & Disaster Management department Relief & Rehabilitation Branch. The petitioner has submitted the application dated 03/01/2024 to the Deputy Commissioner, Nagaon/respondent No.3, seeking for financial assistance/ex-gratia payment of Rs. 2,00,000/- as per the notification dated 15/11/2014. However, the application submitted by the petitioner on 03/01/2024 has not evoke any positive response thereby depriving the petitioner to receive ex-gratia of Rs. Rs. 2,00,000/- in terms of the notification dated 15/11/2014.

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Mr. B. Chetri, learned counsel for the petitioner submits that the writ petition can be disposed with a direction to the State respondents more particularly to the Deputy Commissioner, Nagaon to dispose the application dated 03/01/2024 submitted by the petitioner and to consider ex-gratia payment of Rs. 2,00,000/- to the petitioner in terms of the notification dated 15/11/2014.

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Ms. S. Sharma, learned Government Advocate submits that she has no objection to the submission made by the learned counsel for the petitioner to direct the Deputy Commissioner, Nagaon to dispose the representation dated 03/01/2024 and to consider the payment of exgratia to the petitioner in terms of the notification dated 15/11/2014, provided the payment is made only in terms of the said notification and only after a proper verification.

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In view of the submissions made by the learned counsel for the parties, this writ petition is disposed of, with a direction to the Deputy Commissioner, Nagaon/the respondent No. 3, to dispose the application dated 03/01/2024 submitted by the petitioner and thereafter, to make the ex-gratia payment of Rs. 2,00,000/- to the petitioner strictly in accordance with the notification dated 15/11/2014 and only after conducting a proper verification. All the exercises for complying with the directions passed by this Court shall be completed within a period of 60(sixty) days from the date of passing of this order.

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Writ petition disposed.

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JUDGE

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Comparing Assistant

Lakshya Bora v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Lakshya Bora v. the State of Assam and 4 Ors.

Case brief

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