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2022 DIGILAW 717 (GAU)

Dipali Hazarika v. State of Assam

2022-06-28

MANISH CHOUDHURY

body2022
ORDER : 1. Heard Mr. M. Saikia, learned counsel for the petitioner; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 4, 5 and 6 and Mr. P.S. Deka, learned Senior Counsel and Standing Counsel, Revenue and Disaster Management Department for the respondent no. 2. 2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking inter-alia 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 and Disaster Management Department, Government of Assam claiming that she is the Next of Kin [NoK] of the deceased person viz. Late Pratap Hazarika. 3. The petitioner has claimed to be the wife of the deceased person, Late Pratap Hazarika. 4. The case projected by the petitioner, in brief, is that her deceased husband, Late Pratap Hazarika was working as a conductor in a bus bearing registration no. AS-01/FC-0885 [Ultra Bus], owned by M/s Green Valley and run under the aegis of Indian Institute of Technology [IIT], Guwahati. At around 05-00 p.m. on 28.06.2019, when the driver of the said bus was taking out the bus from the parking lot, Pratap Hazarika tried to board the bus but the driver of the bus negligently accelerated the bus as a result of which Pratap Hazarika fell down from the bus and sustained serious injuries on his person. He was thereafter, immediately taken to the nearby health facility, the GNRC at North Guwahati. Finding his condition serious, the doctors at the GNRC referred him to the Gauhati Medical College and Hospital [GMCH] Guwahati for advanced treatment. As there was no ICU bed vacant at the GMCH, Pratap Hazarika was admitted in the Health City Hospital at Khanapara. Late Pratap Hazarika expired during the course of the medical treatment on 04.07.2019. In connection with the accident, a First Information Report [FIR] was lodged before the Officer In-Charge, North Guwahati Police Station on 22.07.2019 and the said FIR has been registered as North Guwahati Police Station case no. 96/2019 under Sections 279/304A, IPC. The Registrar of Births and Deaths, Kamrup [M] Guwahati-781001 has also issued a Death Certificate dated 25.07.2019 recording the death of Late Pratap Hazarika as 04.07.2019. 5. 96/2019 under Sections 279/304A, IPC. The Registrar of Births and Deaths, Kamrup [M] Guwahati-781001 has also issued a Death Certificate dated 25.07.2019 recording the death of Late Pratap Hazarika as 04.07.2019. 5. It is stated that after the death of her husband, Late Pratap Hazarika, the petitioner submitted a representation before the Deputy Commissioner, Kamrup [M] on 05.07.2021 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 and 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, Kamrup [R] the petitioner has approached this Court by this writ petition. 6. 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 28.06.2019 at a public place and in a public carrier. 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. 7. 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 grant 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 learned counsel for the parties that due to certain ambiguity with regard to the term ‘public place’ another notification bearing no. R.R. 94/2003/288 dated 15.10.2014 came to be issued by the Revenue and Disaster Management Department, Government of Assam for removal of the ambiguity. As per the notification dated 15.10.2014 [supra] the word ‘public place’ will mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public or any other place, which is open to the public view or to which public has access. 8. As per the notification dated 15.10.2014 [supra] the word ‘public place’ will mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public or any other place, which is open to the public view or to which public has access. 8. Both Mr. Baruah and Mr. Deka are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident in question had occurred subsequent to 15.11.2014. It is submitted by Mr. Baruah and Mr. Deka, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department, the jurisdictional Deputy Commissioner shall have to examine the matter in order to verify the veracity of the claim of the petitioner, with regard to, firstly, the alleged road traffic accident which stated to have occurred at a public place resulting in the death of the person, mentioned above, and secondly, the claim of the petitioner as the Next of Kin [NoK] of the person who stated to have died as a result of the said alleged road traffic accident, and thirdly, the claim regarding occurrence of the accident involving a public carrier. 9. This Court has already recognized the rationale behind the policy formulated by the State and notified vide the notification dated 15.11.2014, in its order dated 04.05.2019 passed in the writ petition, W.P. (C) No. 2100/2019 [Gunalata Das vs. State of Assam] and similar other writ petitions, by observing that the dominant purpose of the policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship before lodging claim for just compensation under the law. Thus, a claim for the relief of ex-gratia grant under the policy calls for an expeditious consideration. 10. Thus, a claim for the relief of ex-gratia grant under the policy calls for an expeditious consideration. 10. Taking an overall view of the submissions advanced by the learned counsel for the parties and the rationale behind the policy so formulated, this Court is of the considered view that the claim for the relief in the form of ex-gratia grant to the petitioner in this writ petition as one of the Next of Kin [NoK] of the person killed in a road traffic accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the jurisdictional Deputy Commissioner and after such verification and consideration on all relevant aspects including the three aspects, as highlighted by the learned counsel for the State respondents, by calling for reports from the other authorities, the proposal shall thereafter, be forwarded by the jurisdictional Deputy Commissioner along with his report, to the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department for release of ex-gratia amount in terms of the notification dated 15.11.2014, if the petitioner and/or any other person is/are found entitled to receive the same as the Next of Kin [NoK] of the deceased person. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next of Kins [NoKs] found entitled, in terms of the notification dated 15.11.2014. The entire exercise in respect of the case involved in this writ petition should be completed by the above respondent authorities within a period of 3 [three] months from the date of receipt of a certified copy of this order by the office of Deputy Commissioner, Kamrup [R] along with a copy of the writ petition with the annexure, from the petitioner. It is accordingly ordered. The petitioner and/or any other Next of Kin [NoK] of the deceased person is/are directed to extend her/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at her/their disposal, to facilitate the process of verification, as and when asked for. 11. With the observations made and directions given above, the writ petition stands disposed of. No cost.