Gauhati High Court

WP(C)/4741/2023 of GYANI MIZAR Vs THE STATE OF ASSAM AND 6 ORS on 12 July 2026

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GAHC010180192023 2026:GAU-AS:1033 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4741/2023 GYANI MIZAR WIFE OF LATE PRAHALAD MIZAR, VILL- MOWSSALADIANG, P.O.- UMPANAI, P.S.- BAITHALANGSU, DIST.- WEST KARBI ANGLONG, ASSAM, PIN- 782140.

GAHC010180192023

2026:GAU-AS:1033

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4741/2023

GYANI MIZAR

WIFE OF LATE PRAHALAD MIZAR,

VILL- MOWSSALADIANG,

P.O.- UMPANAI,

P.S.- BAITHALANGSU,

DIST.- WEST KARBI ANGLONG,

ASSAM, PIN- 782140.

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06.

2:THE SECRETARY TO THE GOVT. OF ASSAM

REVENUE (RELIEF AND REHAB.) AND DISASTER MANAGEMENT

DEPARTMENT

DISPUR

GUWAHATI- 781006.

3:THE SECRETARY TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR

GUWAHATI- 781006.

4:THE DEPUTY COMMISSIONER

KAMRUP(M)

ASSAM

PIN- 781006.

5:THE SUPERINTENDENT OF POLICE

KAMRUP(M)

ASSAM

PIN- 782410.

6:THE CIRCLE OFFICER

KARBI DONKAMUKAM REVENUE CIRCLE

DIST.- WEST KARBI ANGLONG (ASSAM)

PIN- 782485.

7:THE OFFICER-IN-CHARGE

BASISTHA POLICE STATION

DIST.- KAMRUP(M)

ASSAM

PIN- 781029

For the Petitioner(s) : Mr. A. F. N. U. Mollah, Advocate For the Respondent(s) : Mr. S. S. Roy, Government Advocate : Ms. G. Hazarika, Standing Counsel

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 13.07.2026

Heard Mr. A. F. N. U. Mollah, the learned counsel appearing on behalf of the Petitioner and Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 4, 5, 6 & 7. I have also heard Ms. G. Hazarika, the learned Standing counsel appearing on behalf of the Respondent No.2 and Mr. A. Chaliha, the learned Standing counsel appearing on behalf of the Respondent No.3.

2. This is an application filed by the Petitioner claiming ex- gratia payment on the basis of the notification dated 15.11.2014 on account of a road accident which led to the death of her husband.

3. It has been brought to the notice of this Court that the learned Coordinate Bench of this Court in a judgment and order dated 21.06.2024 rendered in WP(C) No.2700/2023 (Monisa Khatun @ Monisha Khatun Vs. State of Assam and 5 Others), considered the question whether the Petitioner therein would be entitled for ex-gratia amount as per the notification dated 15.11.2014 when just and fair compensation for accident involving motor vehicle accident would otherwise can be claimed before the Motor Accident Claims Tribunal as per the provisions of Motor Vehicles Act, 1988.

4. The learned Coordinate Bench had proceeded to observe that the relief provided by the notification dated 15.11.2014 could not embrace all persons suffering from any accident except hit and run cases where the offending vehicle remain unidentified in the Final Form after police investigation. The principle which is discernible from the said decision is that other than the hit and run cases, the person who met with the road traffic accident wherein the offending vehicle has been identified would not be entitled to any ex-gratia relief as other statutory remedies are available.

5. Taking into account the said aspect, in the instant case, the vehicle in question which led to the accident was a dumper bearing Registration No.AS-01-JC/6625. Under such circumstances, this Court does not find any other good ground to defer with the law laid down by the learned Coordinate Bench of this Court in the case of Monisa Khatun (supra) and accordingly does not find the present writ petition to be a fit case.

6. Accordingly, the writ petition stands dismissed.

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