Writ petition for enforcement of ex-gratia compensation of Rs. 6 lakhs recommended by Tahasildar. Court held lack of postmortem due to cyclone 'Phailin' justified and directed Collector to process claim within four weeks.
Direction to Collector to consider claim for Rs. 6 lakhs within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29363 of 2019 (Through hybrid mode)
Saranga Behera
…. Petitioner
Mr. J.R. Dash, Advocate
-versus-
Collector Puri and others
…. Opposite Parties
Mr. A.K. Sharma, AGA
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No.
29.06.2022
05. 1. Mr. Dash, learned advocate, appears on behalf of petitioner. He is
father of the deceased, who died on 12th October, 2013. Cause of death was
tree fallen on the thatched house, where the deceased was sleeping. The incident occurred because of cyclone ‘Fani’.
Collector, Puri dropped the ex-gratia claim because as no postmortem was conducted for ascertaining the actual cause of death. He relies on joint spot
visit memorandum-cum-enquiry report signed by the Medical Officer and
Tahasildar. Following from the report is reproduced below.
“The matter was registered on Brahmagiri Police Station, vide P.S. Case No.671/dt.31.10.2013, and no inquest and post mortem is conducted as the road was obstructed by Phailin and the telephone line was disturb. The dead body was cremated in the village smasan and a certificate vide No.658 dt.14.10.2013 was issued by the Sarapanch, Rebenanugaon G.P. regarding the death of the deceased.”
Page 1 of 2
// 2 //
proceeding before the Tahasildar, commencing with order dated 10th March,2013. Following is extracted from the order sheet and reproduced below.
“The case record is put up today. I am inclined to suggest for sanction of Rs.6,00,000/- (Rupees Six Lakhs) only. As per letter No.2197/SR/ Dt. 18.10.2013, of Principal Secretary to Govt. and Special Relief Commissioner.
In view of the above facts the Ex-Gratia amount may be sanctioned in favour of his father Saranga Behera.”
appears on behalf of State and relies on disclosure in the counter being order dated 1st June, 2015. The order stood issued by Principal Secretary to Govt.
and Special Relief Commissioner, directing, inter alia, that in case of exgratia claim for compensation on death, postmortem report is mandatory, except where there was admission to hospital and there is medical report.
part or whole of the claim, as recommended, is to be denied, reasons therefor must also be communicated to petitioner within that time.
(Arindam Sinha) Judge
Prasant
Page 2 of 2
2 issues framed by the court
Whether Collector should consider ex-gratia compensation claim despite lack of postmortem due to cyclone disruption.
Whether mandatory postmortem rule applies when infrastructure was destroyed preventing examination.
Saranga Behera
Collector Puri
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
