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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Nah Daimari, S/o. Lt. Santal Daimari – Appellant
Versus
State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Finance Deptt. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks ex-gratia grant following father's death. (Para 2 , 3 , 4) |
| 2. arguments regarding entitlement to revised grant. (Para 5 , 6 , 7) |
| 3. court's consideration of relevant notifications and case circumstances. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. writ petition dismissed; no merit found. (Para 15) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. R.M. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Bhattacharya, learned Standing Counsel, Revenue; Mr. J. Handique, learned Standing Counsel, GA, Assam; Ms. H. Baruah, learned counsel for the respondent no.1 and Ms. B. Bora, learned counsel for the respondent no.6.
2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the ex-gratia grant of Rs. 5,00,000/- in terms of the notification dated 15.11.2014, by which the quantum of relief in respect of persons who were killed/injured due to extremist violence/ terrorist violence/acts of miscreants/communal violence etc. has been revised.
3. The father of the petitioner late Santal Daimari, resident of village : Bagwntola, PO, P.S and District – Udalguri, BTC(BTR), Assam was killed by the miscreants on 08.03.1
Notification revising ex-gratia compensation applies only prospectively; incidents occurring prior are governed by earlier regulations.
Ex-gratia compensation under disaster response fund guidelines is strictly limited to deaths directly caused by specified natural calamities. An accidental death, such as drowning in a pond, does not....
Point of Law : Observing that dominant purpose of policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship before lodging cla....
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