SAKINA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The State carriage bus under registration No. AMZ 5824 belonging to the petitioner was requisitioned on 13.4.96 by the Superintendent of Police, Kamrup, Guwahati. While on requisition, the bus met with an accident on 14.4.96 and got completely damaged. The amount of compensation to be paid to the petitioner is the subject matter of dispute and the claim made in this writ petition.

(2.) As per the averments made in the writ petition the petitioner purchased the vehicle with the financial assistance of Rs. 1,68,171/- on 18.11.84 and such financial assistance was only in respect of the engine and chassis which was bought at a cost of Rs. 1,99,400/-. The cost of body construction of the bus has been stated to be Rs. 92,000/-

(3.) The petitioner on receipt of the information regarding the accident of her bus made correspondences with the authorities claiming compensation. At one stage, the Superintendent of Police, Kamrup requested the Assistant Inspector General of Police (A), Assam to sanction Rs. 6,89,700/- for necessary repairing works and another amount of Rs. 2,62,275/- for purchase of necessary spare parts. It will be pertinent to mention here that the accident rendered the bus completely damaged beyond repair. By letter dated 23.10.98, the Government of Assam in the Home Department wrote a letter to the Accountant General, Assam, conveying the sanction of Rs. 3,07,151/- to the petitioner in pursuance of the decisions of the Committee of Enquiry. Such sanction of the amount was subject to the following conditions: 1) The owner of the Bus will furnish a legally valid undertaking to the effect she would not make any further claim of compensation/ requisitioned rent etc. for the requisition Bus No. AMZ 5824 and she will transfer the ownership of the vehicle to the Superintendent of Police, Kamrup. 2) The Superintendent of Police, Kamrup, in turn, will dispose the vehicle by auction and deposition the sale proceeds in Govt. account.