DALIMI RONGPI Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Ms. R Devi, learned counsel appearing for the petitioner. The respondents are represented by Ms. HM Phukan, the learned Govt. Advocate.

(2.) The petitioner is a resident of village Chakardow within Azara P.S. of Kamrup (R) District. The husband of the petitioner Late Gandhiram Rongpi while returning home on his bicycle on 27.4.2007 at about 10 P.M., was trampled to death by wild elephant and accordingly the Accident Case No. 4/2007 was registered in the Azara P.S. Since the Assam Government has a policy of making ex-gratia payment to victims of wild animals, the widow applied and her application for financial assistance was forwarded on 6.6.2007 (Annexure-D) by the D.F.O., Guwahati Wild Life Division. In this letter, the D.F.O. has certified that the petitioner's husband was killed by wild elephant and the death certificate and the post mortem report of the victim was enclosed to this letter addressed to the Chief Conservator of Forest, Wild Life, Assam.

(3.) Ms. R Devi, learned counsel submits that the payable amount for victims of wild animals was enhanced to Rs. 1 lakh from Rs. 40,000.00 through the Govt. Notification dated 6.3.2010 and accordingly the petitioner claims that direction should be given for immediate disbursal of the dues. The Govt. Advocate Ms. H. M. Phukan in her turn however submits that Late Gandhiram Rongpi was killed on 27.4.2007 and therefore only Rs. 40,000.00 is payable since the earlier Govt. Notification dated 19.1.2004 was applicable on the date of killing.