Nageshwar Bhuiya Vs. Central Coalfields Ltd. and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/515143
SubjectService
CourtJharkhand High Court
Decided OnJan-29-2008
Judge R.K. Merathia, J.
Reported in[2008(1)JCR618(Jhr)]
AppellantNageshwar Bhuiya
RespondentCentral Coalfields Ltd. and ors.
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.orderr.k. merathia, j.1. heard the parties finally.2. the grievance of the petitioner is that the pension has been paid to the petitioner upto december, 2006 on the basis of n.c.w.a. vii whereas from 1st june, 2004 to december, 2006, he is entitled to arrears of revised pension as per n.c.w.a. vii. it is further submitted that from january, 2007, no pension has been paid to the petitioner. it is admitted that other amounts have been paid.3. counter affidavit filed on behalf of the central coalfields limited is not clear about the aforesaid grievance of the petitioner.4. in the circumstances, petitioner is given liberty to make representation before the project officer, c.c.l. kedla u/g project, kedla, district hazaribagh (respondent no. 4) with regard to the said claim. if he finds that the said claim is tenable, and petitioner complies with the formalities, if any, he will send the relevant paper (s) to the office of the regional c.m.p.f. commissioner, region ii, municipal building, ranchi (respondent no. 6). the respondent no. 6 in his turn will do the needful and see that the legally payable amount is paid to the petitioner. however, if the claim of the petitioner/part of it is not found tenable, reasons thereof should be communicated to him by respondent no. 4. this exercise should be completed within two months from the date of receipt of such representation.5. with these observations and directions, this writ petition is disposed of.
Judgment:
ORDER

R.K. Merathia, J.

1. Heard the parties finally.

2. The grievance of the petitioner is that the pension has been paid to the petitioner upto December, 2006 on the basis of N.C.W.A. VII whereas from 1st June, 2004 to December, 2006, he is entitled to arrears of revised pension as per N.C.W.A. VII. It is further submitted that from January, 2007, no pension has been paid to the petitioner. It is admitted that other amounts have been paid.

3. Counter affidavit filed on behalf of the Central Coalfields Limited is not clear about the aforesaid grievance of the petitioner.

4. In the circumstances, petitioner is given liberty to make representation before the Project Officer, C.C.L. Kedla U/G Project, Kedla, District Hazaribagh (respondent No. 4) with regard to the said claim. If he finds that the said claim is tenable, and petitioner complies with the formalities, if any, he will send the relevant paper (s) to the office of the Regional C.M.P.F. Commissioner, Region II, Municipal Building, Ranchi (respondent No. 6). The respondent No. 6 in his turn will do the needful and see that the legally payable amount is paid to the petitioner. However, if the claim of the petitioner/part of it is not found tenable, reasons thereof should be communicated to him by respondent No. 4. This exercise should be completed within two months from the date of receipt of such representation.

5. With these observations and directions, this writ petition is disposed of.