Elwari KamIn @ Elwari Devi Vs. Central Coalfields Ltd. 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.orders.j. mukhopadhaya, a.c.j.1. according to petitioner, her husband, late maina munda was in the services of m/s. central coalfields ltd. (hereinafter it shall be referred to as 'c.c.l.' for short) and died in harness on 19.6.2000. her grievance is that the respondents have not paid c.m.p.f. amount though she represented before the authorities.2. in the facts and circumstances, as the matter requires determination by the respondents at first instance, the case is remitted with direction to the 4th respondent. personnel manager, central coalfields ltd., jharkhand colliery, charhi area, hazaribagh to forward the relevant documents to the regional commissioner, c.m.p.f., region no. ii, ranchi within one month from the date of receipt/production of a copy of this order, if it has not yet been forwarded. the regional commissioner, c.m.p.f., region no. ii, ranchi, in his turn, is directed to decide the claim of the petitioner and pass appropriate order. if any amount is found payable to the widow of late maina munda, the respondents will pay it within a period of three months from the date of receipt/production of a copy of this order falling which they will be liable to pay additional interest at the rate of 5 per cent from the date of death of the employee. on the other hand, if one or other authority disputes the claim will communicate the grounds to the petitioner.3. it may be mentioned that this court has not decided the claim of the petitioner on merit.4. this writ petition stands disposed of with the aforesaid observations/directions.