Smt. Inder Pal Kour Jassal Vs. M.P. Road Transport Corporation - Court Judgment

Excerpt:

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant.shantanu kemkar, j.1. shri v.s. trivedi, learned counsel for the petitioner.shri shobhitaditya, learned counsel for the respondents.with consent heard finally.2. petitioner by way of filing the present petition before this court have claimed the interest upon the amount of arrears of dearness allowance from july, 1995 to march, 2002 which was deducted and was kept in a separate fund maintained by the respondents called as 'employees deposit fund'. the matter of grant of interest was already decided by the indore bench of this court in w.p. (s) no. 334/2004 decided on 5.10.2004. in the said case, the court has allowed the interest @ 8% p.a. on the deducted amount of arrears of dearness allowance payable to the petitioner upon their retirement, the amount shall be paid by the respondents to the petitioner within a period of three months from the date of receipt of the certified copy of this order.in view of the aforesaid, the present petition is allowed.