ORDER

05.08.2022 Heard Mr. M. Hussain, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent no. 2; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 –

6.

2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking a direction to the State respondent authorities to disburse an amount of Rs. 2,00,000/- in terms of a notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that she is the Next of Kin [NoK] of the deceased person viz. Late Ismail Mondal @ Ismila Mondal, 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 Ismail Mondal @ Ismila Mondal.

4. The case projected by the petitioner, in brief, is that at around 02-30 a.m. on 05.05.2015, Ismail Mondal @ Ismila Mondal [since deceased] was proceeding from Boxirhat towards Gauripur side by a Tempo bearing registration no. AS-17/B-1843. At that time, a truck bearing registration no. AS-16/C-1293, by coming from Gauripur side towards Boxirhat and in a rash and negligent manner, hit the Tempo where Ismail Mondal @ Ismila Mondal was a passenger, near Poster Ghat [Pub Ratiadaha]. As a result of the said accident, Late Ismail Mondal @ Ismila Mondal succumbed to his injuries on the spot. Late Ismail Mondal @ Ismila Mondal was thereafter, immediately taken to the Civil Hospital, Dhubri by 108 Ambulance. The post-mortem examination of the deceased [Ismail Mondal @ Ismila Mondal] was performed at the Civil Hospital, Dhubri on the same day [05.05.2015]. As per the post- mortem examination report, cause of death was due to abrasive bluest trauma, hemorrhage and the injuries were ante-mortem in nature. In connection with the accident, a First Information Report [FIR] was lodged before the Officer In-Charge, Golakganj Police Station on 06.05.2015 by the wife of the deceased and the said FIR has been registered as Golakganj Police Station Case no. 279/2015 under Sections 279/304A/338/427, Indian Penal Code. A death certificate was issued by the Department of Health Services, Dhubri on 29.08.2015 recording the death of Late Ismail Mondal @ Ismila Mondal.

4.1. After the death of the afore-stated person, the petitioner stated to have submitted a representation dated before the Deputy Commissioner, Dhubri on 02.07.2021 seeking the ex- gratia amount of Rs. 2,00,000/- for the deceased person in terms of the policy framed by the Government in the Revenue & Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the office of the Deputy Commissioner, Dhubri, the petitioner has approached this Court by this writ petition.

5. It has, thus, been contended on behalf of the petitioner that she is the Next of Kin [NoK] of the deceased person who died in a road traffic accident occurred on 05.05.2015 at a public place. It is further contended that as such Next of Kin [NoK] of the deceased 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 person killed due to accident in public place or in public carrier [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. It has been brought to the notice of the Court by the