Back
KALYAN RAI SURANA
MONISA KHATUN @ MONISHA KHATUN W/O LATE RAHUL HOQUE – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. A. Bhattacharyya, learned standing counsel for the Revenue Department, representing the State respondent no. 1 and Ms. M. Barman, learned Govt. Advocate, representing State respondent nos. 2 to 6.
2. The Commissioner and Secretary to the Govt. of Assam, Relief and Rehabilitation Department had issued a notification dated 22.09.1998, to provide ex gratia and financial assistance to the persons who were killed/ injured due to extremist violence/ terrorist violence/ acts of miscreant/ communal violence/ ethnic violence/ group-clash/ firing of security forces/ accident, etc., who were kidnapped/ abducted by the extremist/ terrorist/ miscreants and whose dwelling houses are fully burnt/ damaged whether due to acts of extremist/ terrorist/ miscreants or during communal violence/ ethnic violence/ group clash. The quantum of compensation was revised by another notification no. RR.33/2014/66 dated 15.11.2014, issued by the Addl. Chief Secretary to the Govt. of Assam, Revenue and Disaster Management Department.
3. On 12.05.2021, Ajial Hoque, the father-in-law of the petitioner had lodged
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....
The judgment emphasizes that income tax deductions must be based on actual tax paid and ex gratia amounts cannot be deducted from compensation unless stipulated by law.
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.
The insurance benefits received by a deceased's dependants should not be deducted from compensation awarded under the Fatal Accidents Act, aligning with principles of justice and public policy.
Ex gratia payments are voluntary and distinct from mandatory compensation under the Motor Vehicles Act, thus not subject to deductions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
