GAHC010262502023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6801/2023 FARMUD ALI S/O- LT. DHARIYA SHEIKH, VILL- SINGIMARI, P.O.- KHANDAJAN, P.S.- SIPAJHAR, DIST.- DARRANG, ASSAM.

PIN- 784145.

VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 5 ORS REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06.

3:THE DISTRICT COMMISSIONER DARRANG ASSAM P.O. AND P.S. MANGALDOI DIST- DARRANG ASSAM PIN- 784125.

4:THE CIRCLE OFFICER SIPAJHAR REVENUE CIRCLE P.O. AND P.S.- SIPAJHAR DIST- DARRANG ASSAM PIN- 784145.

5:THE SUPERINTENDENT OF POLICE DARRANG ASSAM DIST- DARRANG ASSAM PIN- 784125.

6:THE OFFICER-IN-CHARGE SIPAJHAR POLICE STATION P.O.- SIPAJHAR DIST- DARRANG ASSAM PIN- 782145 Advocate for the Petitioner : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 09.02.2026 Heard Mr. M. Hussain, learned counsel, appearing for the petitioner. Also heard Mr. H. Sarma, learned Government Advocate, appearing for the respondents.

2. The petitioner in the present proceedings has prayed for a direction upon the respondent authorities for payment of ex-gratia compensation to him for the death of his wife late Hachibun Begum, on account of a vehicular accident which had occasioned on 08.12.2022.

As projected in the writ petition, the wife of the petitioner late Hachibun Begum, while proceeding towards Sipajhar from Singimari as a pillion rider on a motor cycle bearing Registration No.AS-25E-6506, which was driven by one Md. Fiznur Ali, had fallen from the motorcycle when sudden brake was put by the rider to save a pedestrian who had crossed the road near bridge No.15. On account of the fall from the said motorcycle the wife of the petitioner suffered injuries and was taken to Sipajhar Hospital and thereafter was referred to GMCH, considering her serious condition. However, on 08.12.2022 at about 3.05 p.m, the wife of the petitioner succumbed to her injuries. Basing on the said incident, the petitioner lodged an FIR before the Sipajhar P.S. on 14.12.2022 and the same was registered as Sipajhar P.S. Case No.544/2022, under Section 279/304A IPC.

The petitioner’s wife, having suffered an accident at a public place, contending that such accident is covered by the Scheme of the Government, vide notification no. R R.33/2014/66 dated 15.11.2014, approached the respondent authorities for payment of ex-gratia compensation of Rs.2 (two) lakhs to him. The said prayer of the petitioner not having evoked any response, he had instituted the present proceedings.

3. At the outset it is to be noted that the learned counsel for the petitioner on a query made by this Court has submitted that basing on the accident leading to the death of the wife of the petitioner, a proceedings in all probability was instituted before the jurisdictional Motor Accident Claims Tribunal (MACT), however, the particulars thereof was not known to him.

4. The petitioner, in the present proceeding, has 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/ extremist activities, accidental causes, etc., in terms of the Notification, dated 22.09.1998, was enhanced. Thereafter, vide Notification, dated 15.11.2014, the quantum of relief as stipulated vide Notification, dated 24.04.2007, was further revised.

5. A perusal of the Notification, dated 24.04.2007, reveals that for accidental deaths also, ex-gratia compensation was being provided by the State. In terms of the Notification, dated 15.11.2014, for accidental death; ex-gratia compens