Page No.# 1/3 GAHC010272892023 2025:GAU-AS:7929 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7057/2023 RAJENA BEGUM W/O- LATE SAHEBUL ALI, R/O- VILL- TENGA GAON, P.O.- AMGURI, P.S.- SORBHOG, DIST.- BARPETA, ASSAM, PIN- 781317. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, (RELIEF AND REHABILITATION BRANCH), DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DISTRICT COMMISSIONER OF CHIRANG DISTRICT ASSAM KAJALGAON PIN- 783385. 4:THE DISTRICT COMMISSIONER OF BARPETA DISTRICT ASSAM P.O. AND P.S.- BARPETA PIN- 781314. Page No.# 2/3 5:THE CIRCLE OFFICER BARNAGAR REVENUE CIRCLE P.O.- SORBHOG DIST.- BARPETA ASSAM PIN-781317. 6:THE OFFICER-IN-CHARGE OF PANBARI POLICE STATION P.O.- PANBARI DIST.- CHIRANG ASSAM PIN- 783391 Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : SC, REVENUE, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 16.06.2025 1. Heard Mr. S. I. Akand, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned counsel for respondent No.1 and Ms. M. Barman, learned state counsel for respondent Nos.3 to 6. 2. The petitioner herein claims ex-gratia in terms of notification dated 15.11.2014. A Coordinate Bench of this court in Monisa Khatun @ Monisha Khatun Vs. State of Assam & 5 ors in 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. 3. 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. Page No.# 3/3 4. Admittedly in the case in hand also, the vehicles are identified having registration Nos. AS-19D-4532 and AS-26B-4782. 5. That being the position, the present writ petition is also covered by the determination made in Monisa Khatun @ Monisha Khatun Vs. State of Assam & 5 Ors in WP(C) 2700/2023. 6. Accordingly, the writ petition stands closed in view of the determination made in Monisa Khatun @ Monisha Khatun (supra). JUDGE Comparing Assistant