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IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ACHINTYA MALLA BUJOR BARUA, J.
Lakshi Das, W/o. Lt. Nanda Das – Petitioner
Versus
Gyanendra Dev Tripathi and Anr. – Respondents
Cont.Cas(C) No.595 Of 2022, WP(C) No.2595 Of 2021, WP(C) No.6937 Of 2022, Cont.Cas(C) No.600 Of 2022, WP(C) No.6923 Of 2022, Cont.Cas(C) No.592 Of 2022, WP(C) No.6920 Of 2022
Decided On : 30-01-2023
Motor Vehicles Act, 1988 - Sections 161 and 163(1) - Accident – claim of Compensation - Revenue and Disaster Management - Instituted alleging - Wilful and deliberate violation - Whether a person killed in a motor accident simpliciter would also be entitled to ex-gratia payment of as provided in notification - Held, Clarification a common direction is issued to respondents in all matters consideration in present judgment to examine various claims of respective petitioners and examination to be done by respective Deputy Commissioners involved as to whether aforesaid four conditions indicated or any other applicable condition are satisfied in favour of claimants and in event conditions are satisfied appropriate orders for payment of compensation may be made and such orders may be honoured by Revenue and Disaster Management Department as well as Finance Department for ensuring that actual payment is received by person concerned and in event any person do not satisfy either of four conditions or any other applicable condition appropriate orders may be passed and person concerned may be informed accordingly - Writ Petition Allowed.
JUDGMENT :
1. Heard Mr. SI Akand, learned counsel for the petitioners, Mr. D Nath, learned Senior Government Advocate for the respondents in the various departments of the State of Assam and Mr. R Borpujari, learned counsel for the respondents in the Revenue and Disaster Management Department of the Government of Assam as well as the Finance Department of the Government of Assam.
2. Cont.Cas(C) No. 595/2022 has been instituted alleging wilful and deliberate violation of the order of the Court dated 25.08.2021 in WP(C) No. 4147/2021. The petitioner Smti Lakshi Das had instituted WP(C) No. 4147/2021 claiming for ex-gratia payment on the death caused to her husband in a motor accident on 30.11.2018. The petitioner claimed that as per the Government Notification No. RR.33/2014/66 dated 15.11.2014 of the Revenue and Disaster Management Department of the Government of Assam, there is an entitlement to an ex-gratia payment.
3. Clause-3 of the said notification inter-alia provides for an ex-gratia payment of Rs. 2,00,000/- to the next of kin of persons killed due to accident in public places or in public carriers (other than those killed by extremist/ terrorist/miscreants and due to the firing of security forces).
4. An issue came up in WP(C) No. 2100/2019 on the question as to whether a person killed in a motor accident simpliciter would also be entitled to the ex-gratia payment of Rs. 2,00,000/- as provided in the notification dated 15.11.2014. By the judgment dated 04.05.2019, it was inter-alia held that a motor accident simpliciter would also be an accident in a public place and accordingly by giving the said interpretation, it was held that the amount of Rs. 2,00,000/-provided in the notification dated 15.11.2014 would also be applicable and payable by the State authorities in the Revenue and Disaster Management Department to the next of kin of a person, who may have been killed in a motor accident.
5. In the said judgment dated 04.05.2019, it was also provided that the provisions of the notification dated 15.11.2014 is a beneficial provision and therefore, it is required to be given a liberal and wide interpretation. In the judgment dated 04.05.2019 in WP(C) No. 2100/2019, it was further provided that a relief of ex-gratia payment provided in the notification dated 15.11.2014 is a relief in addition to the compensation which the next of kin of a person killed due to a motor accident would be entitled under the law of Tort as recognized by various statutes including the Motor Vehicles Act, 1988 (in short Act of 1988).
6. In the circumstance, by the order dated 25.08.2021 in WP(C) No. 4147/2021, a direction was issued to the respondent No. 2 therein namely the Deputy Commissioner, Baksa to examine the claim of the petitioner Smti Lakshi Das for ex-gratia payment of Rs. 2,00,000/- pursuant to the notification dated 15.11.2014. On an alleged wilful and deliberate violation of the said direction in the order dated 25.08.2021, contempt petition No. 595/2022 is instituted.
7. Similarly, Cont.Cas(C) No. 592/2022 is instituted on an alleged wilful and deliberate violation of the order dated 16.06.2022 in WP(C) No. 4905/2021 and Cont.Cas(C) No. 600/2022 is instituted alleging wilful and deliberate violation of the order dated 06.09.2021 in WP(C) No. 3603/2020. Both the orders dated 06.09.2021 and 16.06.2022 also pertain to a direction to the respondents therein for payment of the ex-gratia payment of Rs. 2,00,000/- on account of death of the next of kin of the persons claiming the ex-gratia payment due to a motor accident.
8. WP(C) No. 2595/2021, WP(C) No. 6920/2022, WP(C) No. 6923/2022 and WP(C) No. 6937/2022 are also individual writ petitions filed by the next of kin of a person who was killed in the respective motor accidents for the payment of ex-gratia amount of Rs. 2,00,000/- respectively.
9. The provisions of the notification dated 15.11.2014 read with the judgment of this Court dated 04.05.2019 in WP(C) No. 2100/2019 makes it disc
Ex gratia amount paid to claimants should not be deducted from the compensation awarded under the MV Act, as it is in addition to any other compensation under any Scheme or Act.
The court established that ex gratia compensation under the notification dated 15.11.2014 is limited to incidents involving extremist or terrorist violence, and not all accidents qualify for such com....
The main legal point established in the judgment is that only payments co-related to the death of the deceased in a motor accident can be deducted from the compensation payable under the Motor Vehicl....
Ex gratia payments are voluntary and distinct from mandatory compensation under the Motor Vehicles Act, thus not subject to deductions.
Ex-gratia payments cannot be deducted from compensation under the Motor Vehicles Act, and the State is liable for compensation when a vehicle is requisitioned for election duty.
Ex-gratia and other benefits paid by the Government cannot be taken into consideration for determining the quantum of compensation under the provisions of the Motor Vehicles Act.
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