The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.1836 of 2025 Kousalya Naik ..... Petitioner Represented By Adv. - Partha Sarathi Das -versus- 1) State Of Odisha 2) Collector, Keonjhar. 3) Sub-collector, Keonjhar. ..... Opposite Parties Represented By Adv. – Mr.U.C.Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.02.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer : “ It is therefore, prayed that this Hon’ble Court may graciously be pleased to; i) Quash the order, dated 29.10.2024 passed in Hit & Run Misc.Case No.4 of 2024 by the the Opp.Party No.3 and Opp.Party no.3 the Claim Application in Form –I under said Scheme by the Claim condoning Application Under Solatium Fund of Odisha for the interest of justice; thereby direct to consider the delay filing in Page 1 of 5. ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice.” 4.
Legal Reasoning
It is stated by the learned counsel for the Petitioner that the son of the Petitioner, one Sudhir Naik, died due to a motor accident on 02.07.2020. He further submitted that Keonjhar Town P.S.Case No.143 of 2020 was registered on 03.07.2020. In the aforesaid case final form has been submitted by the Police stating that they have found no clue in respect of the vehicle involved. However, the fact remains that the deceased died in Hit & Run Case caused by an unknown vehicle which could not be traced out by the Police. Learned counsel for the Petitioner further contended that while the matter stood thus, on 07.10.2023, the Petitioner submitted an application before Opposite Party No.3 claiming compensation out of the Solatium Fund of the Government for the accidental death of his son. The application submitted before the Opposite Party No.3 was registered as Hit & Run Misc.Case No.04 of 2023. 5. At this juncture, learned counsel for the Petitioner, drew the attention of this Court to the Notification of the Government of Odisha in the Commerce & Transport (Transport) Department dated 18.07.2023. He also submitted that as far as the procedure for claiming compensation from the fund is concerned, it is provided in the said Notification that the application shall be made within a period of one year from the date of accident. He further contended that in the instant case, the application was admittedly made on 17.10.2023 i.e. beyond one year. He further contended that there is no such embargo in the Notification to the effect that any application Page 2 of 5. beyond one year of limitation shall not be entertained. In such view of the matter, learned counsel for the Petitioner contended that the order dated 29.10.2024, rejecting the claim of the Petitioner only on the ground of limitation, is illegal and arbitrary and as such the same is unsustainable in law. 6. Learned Additional Standing Counsel appearing for the State on the other hand contended that the claim of the Petitioner has been rejected vide order dated 29.10.2024 by the Sub-Collector, Keonjhar, Opposite Party No.3. Further, he submitted that the order dated 29.10.2024 is a detailed order, therefore, the same does not call for any interference by this Court. He also refers to the Notification of the Government of Odisha in the Commerce & Transport (Transport) Department dated 18.07.2023 and submitted that the application submitted by the Petitioner is not entertainable as the same has been filed beyond one year, as has been provided in the Notification under Annexure-2 to the Writ Petition. On such ground, learned counsel for the State submitted that the Writ Petition is not maintainable and accordingly the same be dismissed. 7. Having heard learned counsels for the respective parties, on careful examination of the submissions made by the respective learned counsels and further keeping in view the factual background of the case as well as the materials on record, this Court observes that the Petitioner has approached this Court for payment of compensation amount in a Hit & Run case in which the son of the Petitioner died. The materials on record, further reveals that although the accident took place on 03.07.2020, however, the application in Form No.1 was made Page 3 of 5. only on 07.10.2023. On close scrutiny of the Notification dated 18.07.2023, it appears that said Notification provides that in a case of death in a road accident, a compensation to the tune of Rs.2,00,000/- is payable, provided the Claimant makes an application before the concerned Sub-Collector, who is required to act as Claims Enquiring Officer. Such application has to be submitted within one year of the accident. The Notification dated 18.07.2023 has been issued in partial modification of the earlier Notification dated 14.05.2018 published in the Orissa Gazettee. It is not disputed at bar that earlier the application was being entertained by the R.T.O. and the period in which such application was required to be filed by the claimant was six months. 8. On a critical analysis of the Notification dated 18.07.2023, it is observed that in Clause-(iii)(2) of the Notification, it has been specifically mentioned that “an application shall be made within a period of one year from the date of accident”. However, the aforesaid clause does not impose any embargo with regard to entertaining any application file after the time stipulated therein. Therefore, there is no bar in law to entertain such application in the event the claim application satisfies the authority with regard to the delay if any in submitting the application for grant of compensation. The Notification dated 18.07.2023 being beneficial in nature, the same is to be interpreted in a manner so that the beneficiaries are not discriminated in respect of the scheme. In the present case, it is found that the son of the Petitioner died in a Hit & Run Case and therefore, a Police case was registered. On conclusion of the enquiry, final form Page 4 of 5. was submitted stating therein that there is no conclusion with regard to the offending vehicle. Further, the death of the deceased due to the accident has not been established in such enquiry. Moreover, the Petitioner is not a highly educated person. Keeping in view the aforesaid background, this Court, in the larger interests of justice, directs the Petitioner to approach the sub-Collector again by filing an application for condonation of delay. In such eventuality, the Sub-Collector, Keonjhar shall do well to consider the same liberally and condone the delay, if any, in submitting the application subject to satisfaction of the reason of the delay. Further, it is directed that the application of the Petitioner shall be considered strictly in terms of the Notification dated 18.07.2023 on merit and necessary orders be passed while disposing of the Claim application of the Petitioner. The authority shall dispose of the same preferably within two months from the date of communication of the order.
Decision
9. With the aforesaid observation/direction, the Writ Petition is disposed of. Issue urgent certified copy of this order be granted as per Rules. Judge ( Aditya Kumar Mohapatra) RKS Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 04-Feb-2025 18:52:54