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IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, J.
Gunalata Das and Ors. – Appellants
Versus
State of Assam and Ors. – Respondents
W.P.(C) Nos. 2100, 2071, 2591, 2129 and 2085 of 2019
Decided On : 04-05-2019
Issue on entitlements to relief, accidents –In all the writ petitions, petitioners contend that they are the next of kin of the deceased who died due to road accidents in public places and, therefore, claim relief in terms of notification issued by the Addl. Chief Secretary to the Government of Assam, in-charge of Revenue and Disaster Management Department. learned counsel for the petitioners submits that petitioners are entitled to a similar direction learned Standing Counsel submits that claim of each of the petitioners would have to be verified whereafter their entitlements to relief in terms of notification may be considered –Held, Being a beneficial provision, people should be made aware of such notification – Therefore, Revenue and Disaster Management Department in association with the Assam State Legal Services Authority should create awareness about this notification – In the light of the above, Commissioner and Secretary to the Government Revenue and Disaster Management Department is directed to consider the claim of each of the petitioners in terms of the notification, if necessary by calling for report from the concerned Deputy Commissioners and thereafter to release the quantum of relief to the petitioners in terms of the notification –This shall be done within a period of 8 weeks from the date of receipt of a certified copy of this order –Writ Petition disposed of
ORDER :
Ujjal Bhuyan, J.
1. This order will dispose of all the five writ petitions.
2. Heard Mr. W. Rahman, learned counsel for the petitioners and Mr. R. Borpujari, learned Standing Counsel, Finance as well as Revenue Departments, Government of Assam. Also heard Ms. D Das Barman, learned Government Advocate, Assam.
3. In all the writ petitions, petitioners contend that they are the next of kin of the deceased who died due to road accidents in public place's and, therefore, claim relief in terms of notification dated 15.11.2014 issued by the Addl. Chief Secretary to the Government of Assam, in-charge of Revenue and Disaster Management Department.
4. Though detailed particulars of each individual case may not be necessary considering the order that is proposed to be passed, however, to complete the narrative, essential facts are briefly noted hereunder.
5. In WP(C) No. 2071/2019, petitioner Sri Mithun Rabha has stated that his daughter, namely, Jirina Rabha had met with a motor accident on 01.01.2019 at about 6.30 pm while she was on her way home from Agia along with her husband Rathindra Barman on his motor cycle, bearing registration No. AS-01-AX-0646. It is stated that the couple was knocked down from behind by the offending truck, bearing registration No. ML-09A-5855 which was being driven in a reckless manner. Both daughter and son-in-law died on the spot. This has reference to Lakhipur PS Case No. 18/2019, registered under Sections 279/304A IPC. Petitioner submitted application before the Deputy Commissioner, Goalpara on 21.02.2019 seeking financial assistance but no such assistance has been provided.
6. In WP(C) No. 2085/2019, petitioner Sri Pabitra Deka has stated that his wife Bajayanti Deka had met with an accident on 17.10.2018 while she was proceeding on foot. It is stated that on 17.10.2018 at about 5 pm while his wife was walking on foot on the national highway under Sonapur Police Station in the district of Kamrup (M), a speeding unknown vehicle proceeding from Guwahati towards Nagaon knocked her down from behind causing grievous injuries to her. Though she was rushed to the hospital, she died on the same day. This has reference to Khetri PS Case No. 284/2018, registered under Sections 279/304A IPC. Petitioner submitted application on 21.02.2019 before the Deputy Commissioner, Morigaon for financial assistance but no such assistance is forthcoming.
7. Smti. Gunalata Das is the petitioner in WP (C) No. 2100/2019. She has stated that on 1.12.2018 at about 2.45 pm, she along with her husband Narayan Ch. Das had gone for marketing. While they were proceeding on road in front of Lakhipur Jame Masjid, a traveler, bearing registration No. AS-18C-7736 knocked her husband down from behind; as a result of which he sustained grievous injuries. Though he was hospitalized, he ultimately expired on 15.12.2018. This has reference to Lakhipur PS Case No. 716/2018, registered under Sections 279/338 IPC. Representation filed by the petitioner on 21.02.2019 before the Deputy Commissioner, Goalpara for financial assistance failed to elicit any response.
8. In WP(C) No. 2129/2019, petitioner is Sri Bhadreswar Barman. His son Rathindra Barman along with his wife Jirina Rabha were killed in a road accident on 01.01.2019. This case is related to WP(C) No. 2071/2019 filed by the father of deceased Jirina Rabha. Petitioner seeks compensation for the death of his son Rathindra Barman.
9. In WP(C) No. 2591/2019, petitioner is Samina Khatun. She has stated that her husband Hazarat Ali Paramanik and herself were proceeding to Hatogaon Bazaar on foot on 19.12.2018 at about 7.30 pm. As they reached the Reliance Oil Depot, a speeding vehicle, bearing registration No. AS-18-C-8395, driven in a reckless manner knocked down the husband from behind which resulted in serious injuries to the husband. Though he was rushed to the Goalpara Civil Hospital, he succumbed to his injuries on way. This has reference to Lakhipur PS Case No. 44/2019, registered under Sect
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