Om Prakash Vs. Central Pollution Control Board 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.order1. an affidavit has been filed by the member secretary, pollution control board, stating therein that inspection has again been done and analysis has also been made, on the .basis of that personal hearing has been given and then the member secretary issued notice dated 3.1.2007 pointing out various defects and directing the unit to comply with the directions within the stipulated time.2. mr, gadodia, senior counsel appearing for the b.t.p.s., would submit that 45 days have already been given and within the said period, the unit will take all steps to comply with the directions and report the same before this court to enable this court to pass further orders. accordingly, this statement is recorded.3. with regard to b.t.p.s., 45 days, as mentioned in the notice dated 3.1.2007, have been given with reference to the compliance of those directions and as such, post this case under the same heading on 19.2.2007 for further orders.4 in the meantime, b.t.p.s. will file supplementary affidavit with reference to the facts mentioned in the affidavit filed by the member secretary on 5.1.2007.p.t.p.s. of j.s.e.b.5. with regard to p.t.p.s, it is submitted by mr. singh, senior counsel appearing for j.s.e.b., that various directions have been given in the notice dated 3.1.2007 and some of them are unconnected with the pollution, but, however, they want to make written statement or to file supplementary affidavit with regard to the compliance of the various directions. after perusing the same, this court could pass suitable modified directions and as such, the matter is adjourned.6. post this case under the same heading on 12.1.2007 for further orders.7. let a copy of this order be given to the counsel for the parties.