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MR. JUSTICE MANISH CHOUDHURY, J
SMTI DIPALI DAIMARI – Appellant
Versus
THE STATE OF ASSAM – Respondent
WP(C) 9505/2019 | WP(C) 506/2020 | WP(C) 676/2020 | WP(C) 1028/2020 | WP(C) 1035/2020 | WP(C) 1041/2020 | WP(C) 1068/2020 | WP(C) 1080/2020 | WP(C) 1140/2020 | WP(C) 1144/2020 | WP(C) 1146/2020 | WP(C) 821/2020 | WP(C) 823/2020 | WP(C) 1044/2020 | WP(C) 1102/2020 | WP(C) 1103/2020 | WP(C) 1151/2020 | WP(C) 1437/2020 | WP(C) 1439/2020 | WP(C) 1442/2020 | WP(C) 1445/2020 | WP(C) 1450/2020
For the Appellants/Petitioners: MR I HAQUE, MR. H R AHMED, MR. M HUSSAIN, MR. A MOBARAQUE, MR. A ROSHID
For the Respondents: GA, ASSAM, SC REVENUE, B.J. TALUKDAR, A. CHALIHA, D.D. BARMAN
An ex gratia payment under government policy must be processed expeditiously for the next of kin of victims of motor accidents that occurred after the policy's notification date.
Headnote:(A) Notification dated 15.11.2014 - Ex gratia grant - Grant of ex gratia amounts for death caused by motor vehicular accidents - Relevant law establishes entitlement to compensation for next of kin of deceased involved in public accident - The failure to provide ex gratia grants despite applicants being next of kin under the notification warranted court intervention. (Paras 1, 2, 4, 7, 20)
(B) Court’s direction - The Court directed the concerned authorities to process the claims within 3 months, highlighting the need for expeditious relief for the next of kin of victims as per the notification criteria. (Paras 20, 23)
Facts of the case:
Multiple writ petitions were filed regarding non-payment of ex gratia grants following various fatal motor vehicular accidents involving the petitioners’ family members in Assam post-15.11.2014. The claimants asserted their right to compensation under the State government's notification.
Findings of Court:
The Court instructed the Deputy Commissioners to verify the claims and release the grants as entitled under the applicable notification within 3 months.
Issues: The court addressed the issue of delay and denial of ex gratia payments to applicants entitled under the said policy.
Ratio Decidendi: The Court reaffirmed the obligation of the State to provide timely relief in accordance with the established policy for victims’ families.
Result: Writ petitions disposed of with directions for compliance to grant due relief.
ORDER
Date : 12-03-2020
Heard Mr. I. Haque, Mr. H.R. Ahmed, Mr. M. Hussain, Mr. A. Mubaroque and Mr. A. Roshid, learned counsel for the petitioners. Also heard Mr. B.J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department; Mr. A. Chaliha, learned Standing counsel, Finance Department and Ms. D.D. Barman, learned Additional Senior Government Advocate for the State respondents.
All these writ petitions, 22 in nos., have been preferred raising a similar issue with regard to grant of ex gratia amounts in terms of a notification dated 15.11.2014 of the Revenue and Disaster Management Department (Relief and Rehabilitation Branch), Government of Assam.
Before adverting to the common issue involved in these writ petitions, it is apt to refer to the relevant factual aspects, in brief, projected in these writ petitions as under :
W.P.(C) No. 9505/2019 : It is projected that on 14.04.2018, at about 02-00 a.m., an road traffic accident took place at Village – Bala Bongaon on Dhamdha-Baganpara Road, District - Baksa involving the son of the petitioner viz. Mijinsa Daimary. The accident had occurred when her son was returning home on a motor cycle bearing registration no. AS- 01/DP-4613 as a pillion rider. The accident was stated to have occurred due to rash and negligence act of driving on the part of the rider of the said motor cycle as he failed to control his motor cycle and dashed the motor cycle against the stone of a Martyrs’ Memorial located at the spot. As a result, both the rider and the pillion rider sustained grievous injuries on their persons and they were immediately brought to the Nalbari Multispecialty Hospital Private Limited at Nalbari. The son of the petitioner, due to the injuries sustained, breathed his last in the said hospital at about 03-30 a.m. on 15.04.2016. On 16.04.2018, the doctors at Nalbari Multispecialty Hospital Private limited had issued a medical certificate wherein it was mentioned that the death of Mijinsa Daimary was due to injuries sustained in a road traffic accident with abdominal trauma and head injury. The dead body of Mijinsa Daimary was handed over to the petitioner without conducting post-mortem examination. The petitioner being an illiterate and widowed lady, cremated the body performing religious ceremonies. In respect of the death of the son of the petitioner, a police case being Borbori Police Station Case No. 08/2019 was registered under Sections 279/304A/338, Indian Penal Code (the IPC, for short). Thereafter, the petitioner had submitted a representation dated 15.03.2019 before the respondent Revenue and Disaster Management Department seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014. As no relief has been granted, the petitioner aggrieved thereby, has preferred the writ petition.
W.P.(C) No. 506/2020 : The petitioner herein is mother of one Nibaran Kalita who died in a motor vehicular accident. It is projected that on 15.10.2018, at about 07-45 p.m., when the son of the petitioner and one Mridul Barman were on their way to Barama Kadamtol Chowk from Tihu Chowk on a motor cycle bearing registration no. AS-01/BG-1675, they met with an accident at Nathkuchi area as another vehicle bearing registration no. AS-25/DC- 2227, a Tata AC van, coming at a high speed and in a rash and negligent manner hit the motor cycle from behind. As a result, both the rider and the pillion rider of the motor cycle died instantaneously. The post-mortem examination of the dead body of the son of the petitioner was conducted at Swahid Mukunda Kakoti Civil Hospital, Nalbari. In connection with the said accident, a police case being Tihu Police Station Case No. 182/2018 got registered under Sections 279/304A, IPC against the driver of the vehicle which dashed the motor cycle. Upon investigation, the case had been found to be genuine and accordingly, the Investigating Officer had filed a charge sheet being charge sheet no. 13/2019 on 28.03.2019 against the driver of
