Page No.# 1/3 GAHC010014592020 2025:GAU-AS:7926 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/449/2020 PINKI GHOSH W/O LT. RINKU GHOSH, R/O NALBARI TOWN, WARD NO. 4, P.O. AND P.S.- NALBARI, DIST-NALBARI, ASSAM, PIN-781335 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (R AND R) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GHY-6 2:THE DEPUTY COMMISSIONER NALBARI ASSAM PIN-781335 3:THE SUPERINTENDENT OF POLICE NALBARI ASSAM PIN-781335 4:THE OFFICER-IN-CHARGE NALBARI POLICE STATION NALBARI ASSAM PIN-781335 5:THE CIRCLE OFFICER NALBARI REVENUE CIRCLE NALBARI ASSAM PIN-78133 Page No.# 2/3 Advocate for the Petitioner : MD H R AHMED, Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 16.06.2025 1. Heard Ms. M Begum, learned counsel for the petitioner. Also heard Ms. N Bordoloi, learned counsel for respondent No.1 and Mr. N Das, learned state counsel for respondent Nos.2 to 5. 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. 4. Admittedly in the case in hand also, the vehicle is identified having registration No.AS-01-JC-2393. 5. That being the position, the present writ petition is also covered by the determination made in Monisa Khatun @ Monisha Page No.# 3/3 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