Abdul Jalil @ Abdul Jalil Munsi v. The State of Assam and 4 Ors

ORDER Date : 16.12.2024

None appears on behalf of the petitioner on call.

¶2Mr. A. Bhattacharjee, the learned Standing Counsel appears on behalf of the respondent No. 1.

¶3The petitioner herein has approached this Court being aggrieved by the inaction on the part of the Respondent Authorities in releasing the ex-gratia amount of Rs.2,00,000/- (Rupees Two Lakh) in terms with the Notification dated 15.11.2014.

¶4This Court duly takes note of the materials on record, including the FIR which has been filed. In the said FIR, it is seen that a Truck bearing Registration No. MunshiAS -01-DC-6236(1109) had hit the son of the petitioner from the back side and, thereupon, the son of the petitioner succumbed to the injuries and expired.

¶5This Court takes note of the judgment passed by a Coordinate Bench of this Court dated 21.06.2024 in the case of Monisa Khatun @ Monisha Page No.# 3/4 Khatun Vs. the State of Assam and 5 Ors. (WP(C)No.2700/2023). In the said judgment, the Coordinate Bench of this Court categorically held that the Notification dated 15.11.2014 cannot be read to be applicable in respect to all accidents, except, hit and run case, where the offending vehicle remain unidentified in the Final Form after the police investigation. Paragraphs 16 and 17 of the said judgment being relevant are reproduced hereinunder: "16) The question is whether petitioner is entitled for ex gratia compensation under notification dated 15.11.2014, when just and fair compensation for accident involving motor vehicle accident can be otherwise claimed before the Motor Accident Claims Tribunal.

17) The notification dated 15.11.2014, envisaging grant of compensation is found to be relatable to provide ex gratia and financial assistance to the persons who were killed/ injured due to extremist violence/ terrorist violence/ acts of miscreant/ communal violence/ ethnic violence/ groupclash/ firing of security forces/ accident, etc., who were kidnapped/ abducted by the extremist/ terrorist/ miscreants and whose dwelling houses are fully burnt/ damaged whether due to acts of extremist/ terrorist/ miscreants or during communal violence/ ethnic violence/ group clash. Therefore, accident must be in connection with acts committed by extremist, terrorist, or miscreants, or accidents arising out of group clash, communal violence, and ethnic violence. The said notification dated

15.11.2014, cannot be read as if all persons suffering from any accident except hit and run case where the offending vehicle remain unidentified in the Final Form after police investigation, would become entitled to ex gratia where other statutory remedy is available." Page No.# 4/4

¶6Taking into account the above proposition as laid down by the Coordinate Bench and the fact that the vehicle, in question, which had caused the accident has been duly identified, the petitioner herein would not be entitled to the benefit in terms with the Notification dated

15.11.2014. Be that as it may, this Court observes that the instant order shall not preclude the petitioner to avail other statutory remedies as provided under the Motor Vehicles Act, 1988.

¶7Writ petition, accordingly, stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010254452023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6548/2023o ABDULoJALILo@oABDULoJALILoMUNSIo S/O-oLATEoBHOMARoALI,o VILL-oBHOLABARI,oP.S.-oKALAIGAON,o DIST.-oUDALGURIo(BTR),oASSAM,o PIN-o784525. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,o DISPUR,oGHY-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oASSAMoDISPUR oGHY-6. 3:THEoDEPUTYoCOMMISSIONER oKAMRUP(R) oAMINGAON oASSAM oPIN-o781031. 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP(R) oAMINGAON oASSAM oPIN-o781031. Page No.# 2/4 5:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE P.S.- KAMALPUR DIST.- KAMRUP(R) ASSAM PIN- 781380 For the Petitioner(s) : None appears For the Respondent(s) : Mr. A. Bhattacharjee, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH