Dr. Prabhakar Singh Vs. M.D., U.P. Seeds and Tarai Development Corporation and ors.

- 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.a.a. desai, c.j. and p.c. verma, j. 1. heard mr. patni, learned counsel for the petitioner and sri dobhal learned counsel for the respondents at length.2. the petitioner was sent on deputation to tarai seed corporation since 1999. initially the corporation proposed to absorb the petitioner on the condition if he obtains no objection certificate or resigns from the parent department. the tentative order of absorption however was cancelled before the petitioner could obtain no objection certificate. the main theme of argument of mr. patni is that he was entitled to be heard and no such opportunity was granted therefore the order was vitiated. looking at the background no right was vested. the impugned order has not divested any right, further repatriating an officer to the parent department is neither punishment nor a stigma. the submission is, therefore, devoid of merits. we do not see any reason to interfere with the order of repatriating the petitioner.3. petition dismissed.