Deaths resulting from falling from trees during sudden thunderstorms are considered natural calamities under the Revenue Book Circular, and welfare-oriented ex-gratia schemes must be construed liberally rather than through hyper-technical interpretations to ensure timely financial relief for victims' families.

{Cause title, as taken from CIS}

Order on Board

1. Since the issue involved in both petitions is identical, they have been heard together and are being decided by this common order.

2. These Writ Petitions under Article 226 of the Constitution of India have been preferred by the petitioners challenging the order dated 4.7.2019 / 02.02.2021 passed by Collector / Upper Collector, Rajnandgaon (C.G.), respectively whereby applications filed by the petitioners, who are unfortunate widow of deceased namely; Ramji Lal Sahu & Banjnudas Koliyare, respectively, seeking ex gratia amount of Rs. 4,00,000/- on account of their death, have been rejected.

3. The facts of the case, as projected by the petitioners, are that Ramji Lal Sahu and Banjudas Koliyare had gone to an agricultural field of the village to collect lacquer and had climbed a tree to do so. at that very moment, a sudden thunderstorm struck causing them to fall from the tree and sustain grevious injuries. They were immediately rushed to the hospital, where Ramji Lal Sahu died on the next day, whereas Banjudas Koliyare died on 27th May, 2020. Merg report was lodged by the police. The petitioners filed application for grant of ex gratia amount before Revenue Authorities, to which enquiry was conducted. In both the cases, concerned Naib Tahsildar, Mohla (C.G.) recommended to grant ex gratia amount to the petitioners, but subsequently, said Naib Tahildar submitted its negative opinion on the ground that both the deceased persons fell from the tree, therefore, their cause of death does not fall under part 6, Clause (4), paragraph 5 (2) Note (6) of the Revenue Book Circular dated 09.06.2015. On account of aforesaid negative report / opinion submitted by Naib Tahsildar, Mohla Collector / Upper Collector, Rajnandgaon (C.G.) vide order dated order 4.7.2019 / 02.02.2021, respectively has rejected the application filed by the petitioners, therefore, they have filed instant writ petitions questioning the same.

4. Learned counsel appearing for the petitioners in both the writ petitions would submit that at earlier point of time, Naib Tahsildar has recommended for grant of ex gratia amount to the petitioners based on due consideration of enquiry, subsequently, Naib Tahisildar declined from his earlier opinion. He further submits that deceased namely, Ramji Lal Sahu and Banjudas Koliyare fell from the tree due to a sudden thunderstorm, due to which they suffered severe injuries and died, therefore, it is clear cut case of death on account of natural calamity, therefore, rejection of applications filed by petitioners seeking ex gratia amount is illegal and perverse, hence, the same are liable to be set aside and the Collector, Rajnandgaon be directed to grant ex – gratia amount of Rs. 4,00,000/- to the petitioners in both the petitions.

5. In reply, learned counsel for the State while referring to its reply would submit that applications filed by the respective petitioners have been rejected after considering the statements of the villagers, as it was found that both the deceased died due to falling down from the tree and as per Halka Patwari report, there was no thunderstorm reported on fateful day, therefore, the petitioners are not entitled to get any ex gratia amount under the Revenue Book Circular.

6. Heard counsel for the parties and perused the material placed on record.

7. Undisputedly, nature of death of petitioners’ husbands namely Ramji Lal Sahu and Banjudas Koliyare, respective