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2019 DIGILAW 547 (GAU)

Gunalata Das v. State of Assam

2019-05-04

UJJAL BHUYAN

body2019
ORDER : Ujjal Bhuyan, J. 1. This order will dispose of all the five writ petitions. 2. Heard Mr. W. Rahman, learned counsel for the petitioners and Mr. R. Borpujari, learned Standing Counsel, Finance as well as Revenue Departments, Government of Assam. Also heard Ms. D Das Barman, learned Government Advocate, Assam. 3. In all the writ petitions, petitioners contend that they are the next of kin of the deceased who died due to road accidents in public place's and, therefore, claim relief in terms of notification dated 15.11.2014 issued by the Addl. Chief Secretary to the Government of Assam, in-charge of Revenue and Disaster Management Department. 4. Though detailed particulars of each individual case may not be necessary considering the order that is proposed to be passed, however, to complete the narrative, essential facts are briefly noted hereunder. 5. In WP(C) No. 2071/2019, petitioner Sri Mithun Rabha has stated that his daughter, namely, Jirina Rabha had met with a motor accident on 01.01.2019 at about 6.30 pm while she was on her way home from Agia along with her husband Rathindra Barman on his motor cycle, bearing registration No. AS-01-AX-0646. It is stated that the couple was knocked down from behind by the offending truck, bearing registration No. ML-09A-5855 which was being driven in a reckless manner. Both daughter and son-in-law died on the spot. This has reference to Lakhipur PS Case No. 18/2019, registered under Sections 279/304A IPC. Petitioner submitted application before the Deputy Commissioner, Goalpara on 21.02.2019 seeking financial assistance but no such assistance has been provided. 6. In WP(C) No. 2085/2019, petitioner Sri Pabitra Deka has stated that his wife Bajayanti Deka had met with an accident on 17.10.2018 while she was proceeding on foot. It is stated that on 17.10.2018 at about 5 pm while his wife was walking on foot on the national highway under Sonapur Police Station in the district of Kamrup (M), a speeding unknown vehicle proceeding from Guwahati towards Nagaon knocked her down from behind causing grievous injuries to her. Though she was rushed to the hospital, she died on the same day. This has reference to Khetri PS Case No. 284/2018, registered under Sections 279/304A IPC. Petitioner submitted application on 21.02.2019 before the Deputy Commissioner, Morigaon for financial assistance but no such assistance is forthcoming. 7. Smti. Gunalata Das is the petitioner in WP (C) No. 2100/2019. Though she was rushed to the hospital, she died on the same day. This has reference to Khetri PS Case No. 284/2018, registered under Sections 279/304A IPC. Petitioner submitted application on 21.02.2019 before the Deputy Commissioner, Morigaon for financial assistance but no such assistance is forthcoming. 7. Smti. Gunalata Das is the petitioner in WP (C) No. 2100/2019. She has stated that on 1.12.2018 at about 2.45 pm, she along with her husband Narayan Ch. Das had gone for marketing. While they were proceeding on road in front of Lakhipur Jame Masjid, a traveler, bearing registration No. AS-18C-7736 knocked her husband down from behind; as a result of which he sustained grievous injuries. Though he was hospitalized, he ultimately expired on 15.12.2018. This has reference to Lakhipur PS Case No. 716/2018, registered under Sections 279/338 IPC. Representation filed by the petitioner on 21.02.2019 before the Deputy Commissioner, Goalpara for financial assistance failed to elicit any response. 8. In WP(C) No. 2129/2019, petitioner is Sri Bhadreswar Barman. His son Rathindra Barman along with his wife Jirina Rabha were killed in a road accident on 01.01.2019. This case is related to WP(C) No. 2071/2019 filed by the father of deceased Jirina Rabha. Petitioner seeks compensation for the death of his son Rathindra Barman. 9. In WP(C) No. 2591/2019, petitioner is Samina Khatun. She has stated that her husband Hazarat Ali Paramanik and herself were proceeding to Hatogaon Bazaar on foot on 19.12.2018 at about 7.30 pm. As they reached the Reliance Oil Depot, a speeding vehicle, bearing registration No. AS-18-C-8395, driven in a reckless manner knocked down the husband from behind which resulted in serious injuries to the husband. Though he was rushed to the Goalpara Civil Hospital, he succumbed to his injuries on way. This has reference to Lakhipur PS Case No. 44/2019, registered under Sections 279/304A IPC. Petitioner's representation before the Deputy Commissioner, Goalpara dated 21.02.2019 for financial assistance failed to elicit any response. 10. In all the writ petitions, petitioners have relied on notification dated 15.11.2014, issued by the Addl. Chief Secretary to the Government of Assam, in-charge of Revenue and Disaster Management Department providing for ex gratia grant to the next of kin of persons killed due to accident in public places or in public carriers. As per this notification, the quantum of relief in case of death due to such accident is fixed at Rs. 2 lakhs. Chief Secretary to the Government of Assam, in-charge of Revenue and Disaster Management Department providing for ex gratia grant to the next of kin of persons killed due to accident in public places or in public carriers. As per this notification, the quantum of relief in case of death due to such accident is fixed at Rs. 2 lakhs. Petitioners have also relied upon a decision of this Court dated 01.02.2019 passed in WP(C) No. 623/2019 (Monju Urang Vs. State of Assam). 11. While learned counsel for the petitioners submits that petitioners are entitled to a similar direction as in the case of Monju Urang (supra), Mr. Borpujari, learned Standing Counsel submits that claim of each of the petitioners would have to be verified whereafter their entitlements to relief in terms of notification dated 15.11.2014 may be considered. 12. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record. 13. At the outset, it would be apposite to advert to the notification dated 15.11.2014, which is the sheet anchor of the petitioners' case. 14. As per this notification, Government of Assam has revised the quantum of relief in respect of persons who were killed/injured due to extremist violence/terrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc. It is mentioned that the notification would come into force with immediate effect, incidents prior to 15.11.2014 being covered by previous notifications/office memorandum. Sl. No. 3 of the Schedule to the said notification provides for ex gratia grant to next of kin of persons killed due to accident in public places or in public carriers other than those killed by extremists/terrorists/miscreants and due to firing of security forces. Quantum of relief is fixed at Rs. 2 lakhs. This portion of the notification dated 15.11.2014 is extracted as under:- "Ex gratia to the NOK of person killed due to accident in public places or in public carriers (other than killed by extremists/terrorists/miscreants and due to the firing of security forces) : Rs. 2,00,000.00/-." 15. Quantum of relief is fixed at Rs. 2 lakhs. This portion of the notification dated 15.11.2014 is extracted as under:- "Ex gratia to the NOK of person killed due to accident in public places or in public carriers (other than killed by extremists/terrorists/miscreants and due to the firing of security forces) : Rs. 2,00,000.00/-." 15. This Court in Monju Urang (supra), considered the said notification in the context of the claim made for relief as it was also a case of death due to accident and directed the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department to consider such claim by calling for report from the concerned Deputy Commissioner and thereafter to re- lease the quantum of relief. 16. From the language of the notification itself, it is evident that the reliefs sought to be granted to the next of kin of persons killed due to accident in public places or in public carriers is in the nature of ex gratia grant. As per the dictionary meaning of the expression "ex gratia", it is both an adverb and an adjective with reference to payment done from a sense of moral obligation rather than because of any legal requirement. A Latin expression, it literally means from favour or as a favour. Black's Law Dictionary, Sixth Edition defines ex gratia and ex gratia payment as under:- Ex gratia: Out of grace; as a matter of grace, favour, or indulgence; gratuitous. A term applied to anything accorded as a favour; as distinguished from that which may be demanded ex debito, as a matter of right. Ex gratia payment: Payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. A payment without legal consideration. 17. Therefore, ex gratia payment would mean, a payment made by the authority beyond any legal requirement or consideration. It is a payment which is unconnected with and unrelated to a legal obligation cast on the State to compensate the victim. A payment without legal consideration. 17. Therefore, ex gratia payment would mean, a payment made by the authority beyond any legal requirement or consideration. It is a payment which is unconnected with and unrelated to a legal obligation cast on the State to compensate the victim. Therefore, viewed in this context, the relief of ex gratia payment provided vide the notification dated 15.11.2014 is a relief in addition to compensation which the next of kin of the person killed due to motor accident in such cases may be entitled to under the law of tort as recognized by various statutes, such as, the Motor Vehicles Act, 1988. The rationale behind the notification dated 15.11.2014 is to provide some succour immediately to the next of kin of the deceased to tide over the initial shock and hardship before lodging claim to just compensation under the law. 18. To be entitled to such ex gratia payment, the person must be killed due to accident in public places or in public carriers with the clarification that such death must not occur due to violence by extremists/terrorists/miscreants or due to firing of security forces which are covered under different heads. As per Oxford Dictionary Thesaurus & Word Power Guide, Indian Edition, 'public places' has been defined to mean places open to the public i.e., accessible to all, available, free, unrestricted, community. On the other hand, the word "carrier" is a noun which conveys the meaning of bearer, conveyor, transporter, porter, courier, haulier. If the word "carrier" is used in conjunction with the word "public", it would mean bearer, conveyer, transporter, porter etc. which is open to the public. Therefore, the expression "public carrier" would mean a carrier which is used by the public. Thus, to be entitled to ex gratia relief in terms of the notification dated 15.11.2014, the person must be killed due to an accident in public place or in public carrier, which undoubtedly are wide expressions as per the definitions considered above. This is more so because this notification is a beneficial one intended to provide immediate relief to persons who are in distress. 19. Therefore, such a notification is required to be given a liberal and wide interpretation to ensure that benefit provided reaches the intended beneficiaries. 20. Being a beneficial provision, people should be made aware of such notification. This is more so because this notification is a beneficial one intended to provide immediate relief to persons who are in distress. 19. Therefore, such a notification is required to be given a liberal and wide interpretation to ensure that benefit provided reaches the intended beneficiaries. 20. Being a beneficial provision, people should be made aware of such notification. Therefore, Revenue and Disaster Management Department in association with the Assam State Legal Services Authority should create awareness about this notification. 21. In the light of the above, Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department is directed to consider the claim of each of the petitioners in terms of the notification dated 15.11.2014, if necessary by calling for report from the concerned Deputy Commissioners and thereafter to release the quantum of relief to the petitioners in terms of the notification dated 15.11.2014. This shall be done within a period of 8 weeks from the date of receipt of a certified copy of this order. 22. A copy of this order may be furnished to Member Secretary, Assam State Legal Services Authority who shall take necessary steps to create awareness about the notification dated 15.11.2014. 23. This disposes of the writ petitions. No costs.