ORDER

Date : 01.04.2022 Heard Mr. S.I. Akand, learned counsel for the petitioner; Mr. P. Mahanta, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Mr. B.

Deori, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 and 4.

2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the State respondent authorities to disburse an ex-gratia amount of Rs. 2,00,000/- in terms of a notification dated 15.11.2014 of the Revenue and Disaster Management Department, Government of Assam claiming that she is the Next of Kin [NoK] of a deceased person viz. Late Nur Islam, who died in a road traffic accident occurred at a public place.

3. The petitioner has claimed to be the wife of the said deceased person, Late Nur Islam.

4. The case projected by the petitioner, in brief, is that at around 07-30 p.m. on

31.12.2015, Nur Islam was proceeding from Guwahati towards his residence through NH-31 as a pillion rider in a motorcycle bearing registration no. AS-15/H-0794 with his brother as the rider of the said motorcycle. When they reached near village Bejkuchi under Patacharkuchi Police Station, District – Barpeta, a cow crossed the road all on a sudden in front of the motorcycle. In the process of avoiding the motorcycle from hitting the cow crossing the road, the rider lost control over the motorcycle and as result, both the pillion and the rider fell down on the road. In the accident, Nur Islam sustained multiple grievous injuries and he was immediately taken to the Fakhruddin Ali Ahmed Medical College Hospital, [FAAMCH], Barpeta.

But he succumbed to his injuries on the same day at the FAAMCH. The post-mortem examination was performed on the dead body of Nur Islam at the FAAMCH, Barpeta on

31.12.2015. As per the post-mortem examination report, the death was due to come resulting from injuries sustained in the head and all the injuries were ante-mortem in nature caused by blunt force impact. In connection with the incident, one First Information Report [FIR] was lodged before the Officer In-Charge, Patacharkuchi Police Station on 10.02.2016. The said FIR was registered as Patacharkuchi Police Station Case no. 89/2016 under Sections

279/304A, Indian Penal Code. After the death of the afore-stated person, the petitioner had submitted a representation dated 26.08.2020 before the Deputy Commissioner, Barpeta seeking the ex-gratia amount of Rs. 2,00,000/- for the deceased person in terms of the policy framed by the Government of Assam in the Revenue and Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the end of the office of the Deputy Commissioner, Barpeta, the petitioner has approached this Court by filing the writ petition seeking the above direction.

5. It has, thus, been contended on behalf of the petitioner that she is the Next of Kin [NoK] of the person who died in an accident occurred on 31.12.2015 at a public place. It is further contended that as such Next of Kin [NoK] of the person killed in such accident, she is entitled to receive the quantum of relief in terms of the policy formulated by the State Government, which has been notified by the notification dated 15.11.2014.

6. On perusal of the said notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for ex-gratia grants to the Next of Kin [NoK] of persons killed due to accidents in public places or in public carriers [other than killed by extremist/terrorist, miscreants and due to firing of security forces] and such relief has been quantified at Rs.

2,00,000/- for each deceased person in respect of accident which had occurred in the State on or after the date of the notification i.e. 15.11.2014.

7. It has been brought to the notice of the Court by the learned counsel for the parties that due to certain ambiguity with regard to the term, ‘public place’, a