Gauhati High Court

WP(C)/6913/2022 of NUR NABI SHEIKH Vs THE UNION OF INDIA AND 7 ORS on 26 July 2026

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GAHC010213812022 2026:GAU-AS:10277 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6913/2022 NUR NABI SHEIKH S/O. ABDUS SAMAT @ ABDUL SAMAD, VILL. BAKUABHANGI, P.O. FUTKIBARI, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783345. VERSUS THE

GAHC010213812022

2026:GAU-AS:10277

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6913/2022

NUR NABI SHEIKH

S/O. ABDUS SAMAT @ ABDUL SAMAD, VILL. BAKUABHANGI, P.O.

FUTKIBARI, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783345.

VERSUS

THE UNION OF INDIA AND 7 ORS

MINISTRY OF HOME AFFAIRS (DISASTER MANAGEMENT DIVISION) REP.

BY ITS SECRETARY, (C) WING 3RD FLOOR, NDCC, JAI SINGH ROAD, NEW

DELHI-110000.

2:THE STATE OF ASSAM

REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

DISPUR

GUWAHATI-06.

3:THE COMMISSIONER AND SECY.

TO THE GOVT. OF ASSAM

REVENUE

(RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT.

(GENERAL) DISPUR

GHY.-06.

4:THE COMMISSIONER AND SECY.

TO THE GOVT. OF ASSAM

FINANCE DEPTT.

DISPUR

GHY.-06.

5:THE DEPUTY COMMISSIONER

DHUBRI

ASSAM

DIST. DHUBRI

ASSAM

PIN-783301.

6:THE CIRCLE OFFICER

BILASIPARA REVENUE CIRCLE

P.O. AND P.S. BILASIPARA

DIST. DHUBRI

ASSAM

PIN-783348.

7:THE SUPDT. OF POLICE

DHUBRI

ASSAM

P.O. AND P.S. DHUBRI

DIST. DHUBRI

ASSAM

PIN-783301.

8:THE OFFICER IN CHARGE

BILASIPARA POLICE STATION

P.O. BILASIPARA

DIST. DHUBRI

ASSAM

PIN-783348

For the Petitioner(s) : Mr. M. Hussain, Advocate For the Respondent(s) : Ms. M. Barman, Jr. GA, Assam BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 27.07.2026

Heard Mr. M. Hussain, the learned counsel appearing on behalf of the Petitioner and Ms. G. Hazarika, the learned

Standing counsel appearing on behalf of the Respondent No.1. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 2, 5, 6, 7 and 8.

2. The present writ petition has been filed by the Petitioner who is the father of a child namely Ma Amena. Unfortunately, on 21.08.2015, while the child was travelling with her mother in a vehicle namely Max Safari bearing Registration No. AS-16-C- 1074, the driver of the vehicle while driving in a rash and negligent manner knocked the vehicle against the RCC bridge at Alengmari and the vehicle thereupon fell into the water. Resultantly, 5 (five) persons died and 3 (three) persons got injury. The wife of the Petitioner on account of the said accident expired and the Petitioner’s daughter remain untraced and in that regard, an FIR was also filed on 28.08.2015 by the Petitioner.

3. It is also seen that the Superintendent of Police (DSB), Dhubri had also submitted a report to the Deputy Commissioner, Dhubri stating about the death of the wife of the Petitioner and the child who was an infant of 8 (eight) months old remained untraced.

4. Being aggrieved by the inaction on the part of the Deputy

Commissioner, Dhubri in considering the application for ex-gratia compensation on account of his child in terms with the notification dated 27.07.2011 as well as the subsequent enhancement of the compensation vide the communication dated 02.05.2015, the Petitioner has approached this Court.

5. This Court has duly taken note of the notification dated 27.07.2011 and more particularly Clause 3 of the said notification wherein it is categorically mentioned as to when the ex-gratia payment would be payable i.e. when the victims are affected by cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloud burst and pest attack.

6. The question arises in the instant proceedings as to whether the Petitioner’s case would come within the ambit of the notification dated 27.07.2011 more particularly when it is an admitted case as would be seen from FIR dated 28.08.2015 as well as the report of the Superintendent of Police (DSB), Dhubri dated 05.10.2015 that the accident happened on account of rash and negligent driving of the driver of the vehicle bearing Registration No. AS-16-C-1074 resulting in knocking the vehicle against the RCC bridge at Alengmari and thereupon, the vehicle falling in the water.

7. In the opinion of this Court, the Petitioner’s claim cannot be considered in terms with the notification dated 27.11.2011 and would come squarely within the ambit of Motor Vehicles Act, 1988 (for short ‘the Act of 1988’).

8. The learned counsel for the Petitioner submitted that in view of Section 166(3) of the Act of 1988, there is an embargo in filing an application beyond the period of 6 (six) months from the date of the accident. The said submission in the opinion of this Court is misconceived inasmuch as Section 166(3) of the Act of 1988 came into operation w.e.f. 01.04.2022 and it is well settled that the said Section 166(3) of the Act of 1988 would only be applicable insofar as the accidents which occurred on or after 01.04.2022.

9. Under such circumstances, this Court therefore is not inclined to entertain the instant writ petition for which the writ petition stands dismissed.

10. The dismissal of the instant writ petition however shall not preclude the Petitioner to avail remedies before the Motor Accident Claims Tribunal, if so advised and permissible under law.

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