WP(C)/5125/2022 of CHAN BHANU Vs THE STATE OF ASSAM AND 6 ORS. on 16 June 2026

ORDER

Date : 17.06.2026 Heard Mr. A.F.N.U. Mollah, learned counsel for the petitioner; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 1, 4, 5, 6 & 7; and Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2.

2. The petitioner is the wife of one Late Abul Hussain. The petitioner has stated that when at about 5-50 p.m. on 17.06.2016, the petitioner’s husband, Abul Hussain was proceeding from Jaleswar towards Guwahati in his personal car, driven by one Baharul Islam, another vehicle [Winger] bearing registration no. AS-01/DD-7627 coming from the opposite side, in a rash and negligent manner, hit the vehicle where the petitioner’s husband, Abul Hussain was one of the occupants. As a result of the accident, Abul Hussain succumbed to the injuries sustained by him instantaneously at the spot and the driver of the vehicle also sustained grievous injuries. In connection with the accident, an FIR was lodged and the said

FIR was registered as Chhaygaon Police Station Case no. 293/2016 under Sections 279, 304[A] & 427, Indian Penal Code [IPC]. As per the Post-Mortem Examination Report, all the injuries sustained by Abul Hussain were anti-mortem in nature and they were caused by blunt force impact.

3. As per the affidavit-in-opposition filed by the respondent no. 5, after completing investigation into the case, Chhaygaon Police Station Case no. 293/2016, a charge-sheet under Section 173[2], Code of Criminal Procedure [CrPC] was submitted vide Charge-Sheet no. 105/2017 on 31.03.2017 finding a prima facie case well established to proceed against the charge-sheeted person for the offences under Sections 279, 304[A] & 427, IPC.

4. In this writ petition, the petitioner has sought for a direction in the nature of mandamus to the respondent authorities, as the next of kin of the deceased person, to pay an amount of Rs. 2 Lakhs to her in terms of a Notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam which provided for disbursement of an amount of Rs. 2 Lakhs as ex-gratia to the next of kin of a person, killed due to accident in public places or in public carriers [other than killed by extremist/terrorist/miscreants and due to the firing of security forces].

5. It has been brought to the notice of the Court that a Coordinate Bench in a Judgment and Order dated 21.06.2024 rendered in W.P.[C.] no. 2700/2023 [Monisa Khatun @ Monisha Khatun vs the State of Assam and 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 an accident involving motor vehicle could otherwise be claimed before the Motor Accident Claims Tribunal as per the provisions of the Motor Vehicles Act. The Coordinate Bench has proceeded to observe that the relief provided by the Notification dated 15.11.2014 would not embrace all persons suffering from any accident, except hit and run cases where the offending vehicle remained unidentified in the Final Form after police investigation. The proposition which is discernible from the said decision is that other than the hit and run cases, a person who met with a road traffic any accident, wherein the offending vehicle has been identified, would not be entitled for ex- gratia relief, as other statutory remedy is available.

6. When a writ appeal, Writ Appeal no. 258/2024 was preferred against the Judgment and Order dated 21.06.2024 in W.P.[C.] no. 2700/2023, the Division Bench dismissed the appeal taking into consideration that the ex-gratia payment had already been granted to the appellant therein and therefore, there was no necessity to enter into the merits.

7. However, in another writ appeal, Writ Appeal no. 170/2026 [Dhanada Das and 5 others vs. the State of Assam and 3 others], the Division Bench considering the fact that under the Motor Vehicles Act, there is a provision for interim relief to the aggrieved person has concluded the appeal by suggesting to the appellants to approach the Motor Accident Claims Tribunal for interim relief, in case so deemed necessary, where a bigger amount than what is permitted by the Notification dated 15.11.2014 could be granted to them under the No-Fault Liability. With such observations, the writ appeal was disposed of on 03.06.2026.

8. On a query made to the learned counsel for the petitioner, the learned counsel for the petitioner has fairly submitted that an application has been filed before the jurisdictional Motor Accident Claims Tribunal seeking compensation under the provisions of the Motor Vehicles Act.

9. As from the materials on record, it has emerged that the offending vehicle has been identified and the petitioner or the legal representatives of the deceased has filed an application seeking compensation before the Motor Accident Claims Tribunal under the provisions of the Motor Vehicles Act, this writ petition seeking disbursement of ex-gratia payment in terms of the Notification dated 15.11.2014 is not to be adjudicated in view of the observation made by the Division Bench in Writ Appeal no. 170/2026 [Dhanada Das and 5 others vs. the State of Assam and 3 others], as the petitioner has the remedy to such interim relief in the form of no-fault liability under the provisions of the Motor Vehicles Act before the Motor Accident Claims Tribunal wherein an application seeking compensation has already been filed.

10. The writ petition is, therefore, disposed of in the afore-stated terms. JUDGE

Comparing Assistant