GAHC010216022021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6979/2021 DHANADA DAS AND 5 ORS W/O- LATE DHANJIT DAS, VILL-BANGSHIBARI PATHAR, P.O- KATAJAR, P.S- GOBARDHANA, DIST- BAKSA, ASSAM, PIN- 781315

2: PURNIMA DAS D/O-LATE DHANJIT DAS VILL-BANGSHIBARI PATHAR P.O- KATAJAR P.S- GOBARDHANA DIST- BAKSA ASSAM PIN- 781315

3: JANMONI DAS D/O-LATE DHANJIT DAS VILL-BANGSHIBARI PATHAR P.O- KATAJAR P.S- GOBARDHANA DIST- BAKSA ASSAM PIN- 781315

4: DISHA DAS D/O-LATE DHANJIT DAS VILL-BANGSHIBARI PATHAR P.O- KATAJAR P.S- GOBARDHANA DIST- BAKSA ASSAM PIN- 781315

5: PRABHAT DAS S/O- LATE KAMAL DAS VILL-BANGSHIBARI PATHAR P.O- KATAJAR P.S- GOBARDHANA DIST- BAKSA ASSAM PIN- 781315

6: SUCHILA DAS W/O-SRI PRABHAT DAS VILL-BANGSHIBARI PATHAR P.O- KATAJAR P.S- GOBARDHANA DIST- BAKSA ASSAM PIN- 78131 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GHY-06

2:THE DEPUTY COMMISSIONER OF BAKSA P.O AND P.S-MUSHALPUR DIST- BAKSA PIN- 781373 ASSAM

3:THE CIRCLE OFFICER JALAH REVENUE CIRCLE P.O JALAH P.S- GOBARDHANA DIST- BAKSA PIN- 781327 ASSAM

4:THE OFFICER IN CHARGE GOBARDHANA POLICE STATION P.O- GOBARDHANA DIST- BAKSA PIN- 781315 ASSA Advocate for the Petitioner : MR. R Deka, S.R.ISLAM,B CHOUDHURY,S I AKAND,A CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10.02.2026 Heard Mr. S. I. Akand, learned counsel, appearing for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department, appearing for the respondent no.1 as well as Mr. N. Das, learned Government Advocate, appearing for the respondent nos.2, 3 and 4.

2. The petitioners in the present proceedings has prayed for a direction upon the respondent authorities for payment of an ex-gratia compensation to her/them for the death occasioning to her/their husband/father/son late Dhanjit Das on account of a vehicular accident which had occured on 27.11.2019.

3. As projected in the writ petition, Dhanjit Das, who is the husband of petitioner no.1, father of the petitioner nos.2, 3 and 4 and son of petitioner nos.5 and 6, while proceeding from his village Bangshibari Pathar to Safakamari through a village public road at around 1.00 p.m on 27.11.2019, met with an accident on being hit by a Tractor bearing Registration No.AS-15-AC-2035 which was contended to be moving in a rash and negligent manner. On account of the said accident, Dhanjit Das died on the spot. The petitioner no.1, thereafter, lodged an FIR on 19.12.2019 with regard to the accident involved which had resulted in the death of her husband. The said FIR on receipt was registered as Gobardhana P.S. Case No.312/2019 under Section 279/304(A) of IPC.

The petitioner no.1 thereafter submitted a representation before the Deputy Commissioner Baksa, praying for authorizing to her ex-gratia compensation for the death occasioning to her husband on account of vehicular accident on 27.11.2019 in terms of the policy, in place.

The said claim made by the petitioner no.1 not having been favorably considered by the respondent authorities, the petitioners have instituted the present writ petition.

4. At the outset it is to be noted that the learned counsel for the petitioners on a query made by this Court, has submitted that basing on the accident leading to the death of the husband of the petitioner no.1, a proceeding was instituted before the jurisdictional Motor Accident Claim Tribunal (MACT).

5. The petitioners, in the present proceeding, have prayed for grant of compensation basing on the Notification, dated 24.04.2007 and the Notification, dated 15.11.2014. Vide the Notification, dated 24.04.2007, the compensation as stipulated for relief to the family in respect of the persons who were killed/injured due to bomb blasts, group clashes/ extrem