Page No.# 1/2 GAHC010076592023 2025:GAU-AS:8262 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2350/2023 SMTI RADHIKA SHARMA W/O LATE BIKESHWAR SHARMA, H/NO-2 (B), CHENIKUTHI NAVAGRAHA, P.O.-KHARGHULI, DIST-KAMRUP (M), ASSAM VERSUS COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND D.M DEPTT. AND 4 ORS DISPUR, GHY-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06 3:THE DEPUTY COMMISSIONER KAMRUP (M) HEGRABAR GHY-36 4:THE CIRCLE OFFICER DISPUR CIRCLE GHY-05 5:THE OFFICER-IN-CHARGE OF NOONMATI P/S GHY-2 Advocate for the Petitioner : MR MINTU SAIKIA, MR J FIRDAUS Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 20-06-2025 1. Heard Ms. B. Das, learned counsel for the petitioner and Mr. H. Sharma, learned Page No.# 2/2 State counsel for the respondents. 2. By means of the present writ petition, the petitioner has claimed Ex-gratia payment of Rs. 2,00,000/- in terms of the Notification dated 15.11.2014, on account of death of her husband, namely, Bikeshwar Sharma, in a road accident on 19.09.2020, near Classic Enclave, New Guwahati Bus Stop. 3. A Coordinate Bench of this Court in Monisa Khatun @ Monisha Khatun Vs. State of Assam & 5 ors (WP(C) No.2700/2023), has laid down the proposition that when the vehicle is identified, such ex-gratia payment may not be made, inasmuch as, the family members of the Motor Accident victim shall always have a remedy of preferring a claim under the Motor Vehicles Act, 1988. 4. Thereafter, in terms of the aforesaid judgment, the earlier Notification dated 15.11.2014, has also been modified by another Notification dated 31.10.2023. 5. Admittedly in the case in hand also, the vehicle is identified having registration No.AS-01-Q-8571. 6. That being the position, the present writ petition is also covered by the determination made in Monisa Khatun @ Monisha Khatun (supra). 7. Accordingly, the writ petition stands closed in terms of the determination made in Monisa Khatun @ Monisha Khatun (supra). JUDGE Comparing Assistant