Back
GAHC010018042019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 623/2019
1:MONJU URANG W/O- LATE RAM PRASAD URANG, VILL- GELEKI (MIKIR GAON), P.O-
SILJURI, P.S- BOKAKHAT, DIST- GOLAGHAT, ASSAM, PIN- 785612 VERSUS
1:THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI- 06
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE(RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT DISPUR GHY- 06
3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GHY- 06
4:THE DEPUTY COMMISSIONER GOLAGHAT P.O AND P.S- GOLAGHAT ASSAM PIN- 785621
5:THE CIRCLE OFFICER BOKAKHAT REVENUE CIRCLE P.O AND P.S- BOKAKHAT DIST- GOLAGHAT ASSAM PIN- 785612
6:THE OFFICER IN CHARGE BOKAKHAT POLICE STATION P.O AND P.S- BOKAKHAT DIST- GOLAGHAT ASSAM PIN- 78561 Advocate for the Petitioner : MR. M H RAJBARBHUIYAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
['M H RAJBARBHUIYAN', '', 'W RAHMAN', 'S RASUL', 'GA', 'ASSAM', '', 'SC', 'FINANCE', 'REVENUE']
ORDER
Date : 01-02-2019 Heard Mr. W. Rahman, learned counsel for the petitioners and Mr. N. Goswami, learned Govt. Advocate, Assam. Also heard Ms. N. Bordoloi, learned counsel for the Revenue and Finance Departments, Govt. of Assam.
By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to pay her an amount of Rs. 2 lakhs following death of her husband Ram Prasad Urang in a road accident.
Case of the petitioner is that on 20.05.2017 at about 6.30 pm, her husband Ram Prasad Urang while walking on the National Highway-37 from Geleky Chariali to Gosanibar village, a speeding vehicle came from behind and knocked him down causing serious injuries to him. He was taken to the Bokakhat Civil Hospital wherefrom he was taken to the Jorhat Medical College and Hospital (JMCH). However, he expired in JMCH at around midnight on
21.05.2017.
In connection with the road accident, a first information was lodged on 20.05.2017 before Kohora Police Outpost. As no steps were taken, petitioner again lodged information before the Superintendent of Police, Golaghat on 18.12.2017 on the basis of which Bokakhat Police Station Case No.269/2017 was registered under Sections 279/304(A) IPC.
Govt. of Assam in the Revenue and Disaster Management Department, Relief and Rehabilitation Branch had issued notification dated 15.11.2014 whereunder Government of Assam was pleased to revise the quantum of relief in respect of persons killed/injured due to extremist violence/accident, etc. In so far death due to accident in public places is concerned, notification describes the nature of accident as under:-
“Ex gratia to the NOK of person killed due to accident in public places or in public carriers (other than killed by extremist/terrorist/miscreants and due to the firing of security forces).”
For such death, quantum of relief is fixed at Rs. 2 lakhs.
Petitioner lodged a claim dated 30.08.2018 before the Deputy Commissioner, Golaghat for payment of relief in terms of the notification dated 15.11.2014. Since grievance of the petitioner has not been redressed, present writ petition has been filed.
Having regard to the nature of grievance expressed by the petitioner, Court is of the view that issuance of formal notice may not be necessary as the case can be disposed of at the motion stage itself.
In view of above and on going through the materials on record including the Government notification dated 15.11.2014, respondent No.2, i.e., Commissioner and Secretary to the Govt. of Assam, Revenue and Disaster Management Department is directed to consider the claim of the petitioner by calling for a report from the Deputy Commissioner, Golaghat and thereafter to release the quantum of relief to her in terms of the notification dated 15.11.2014. This shall be done within a period of 8 weeks from the date of receipt of a certified copy of this order. Writ petition is disposed of.
JUDGE Comparing Assistant
