SARITA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under Art. 226 of the Constitution of India, petitioner has prayed for the following main relief(s):

(2.) For having bird's eye view of the matter, certain undisputed facts as emerge from the record are that on 24.1.2020, husband of the petitioner Vipan Kumar suddenly fell down from scooty bearing registration No. HP-74-8971, being driven by him, while he was on his way to his work place. Above noted person, after having suffered accident, immediately informed his brother-in-law over his mobile phone that he has met with an accident and at present having pain in his chest. Before the aforesaid brother-in-law and other relatives could reach the spot of accident, husband of the petitioner was removed to the CH Bhoranj, where he expired during treatment. Police after having received information, lodged a formal complaint and got the post-mortem conducted on the body of the deceased. Medical Officer opined in the post-mortem report that the husband of the petitioner died on account of cardiac arrest. Petitioner being wife of the deceased, filed an application to the Sub Divisional Officer(Civil), Bhoranj, seeking ex gratia on account of death of her husband in a road accident under the Disaster Management and Relief Manual, 2012.

(3.) Since it is not in dispute inter se parties that the person dying or suffering injuries in a road accident, is entitled to ex gratia, this Court sees no reason to refer to the various provisions of the Himachal Pradesh Disaster Management and Relief Manual, 2012. The only condition for becoming eligible for ex gratia payment under the Manual is that one should have suffered injuries or died in the road accident and it should not be a natural death.