Chanda Devi Vs. State of Jharkhand 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.orderamareshwar sahay, j.1. from perusal of annexure-5 to the supplementary affidavit filed by the petitioner which is a copy of the proceeding of the meeting dated 4.12.2003 it appears that the government of jharkhand has taken certain decision with regard to regularisation/absorption of the work charge/dally wages employees working as such since long. the claim of the petitioner is that her husband was also working as work charge employee for more than 10 years and, therefore, her husband was entitled to be regularised/absorbed. she has prayed for compassionate appointment in place of her husband who died in harness.2. in my view at this stage, no direction is required to be issued to the respondents since the government is already proceeding ahead in this matter as it appears from the resolutions contained in annexure-5.3. in that view of the matter, this application is disposed of with an observation that if any decision regarding regularisation/ absorption of the work charge/dally wage employees is taken by the government, then the petitioner will have the liberty to make a representation before the authority concerned claiming appointment on compassionate ground. the petitioner if so advised may file such representation with supporting documents which shall considered by the concerned authorities sympathetically.this writ application stands disposed of.