Padma Lochan Kalindi Vs. State of Jharkhand and ors. - Court Judgment

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.orderm. karpaga vinayagam, c.j.1. by order dated 23.8.2006 three directions have been given by this court-(i) the respondents were directed to refund the amount already recovered from the petitioners within one month from the date of receipt/production of a copy of the order failing which they will pay interest @ 5% from the date such amount was recovered till the amount is paid; (ii) the respondents were also directed to finalize the pension of the petitioner within two months from the date of receipt/ production of a copy of the order and pay the admitted arrears on such finalization of pension along with 5% interest to be calculated from the date of retirement of the petitioner and (iii) in case of non-payment, the respondents will be liable to pay cost of rs. 20,000/-, apart from the interest as ordered above.2. the aforesaid order of the learned single judge was affirmed by the full bench in l.p.a. and further two months' time was also granted to the respondents for finalization of pension.3. as far as first direction is concerned, it is noticed from the show-cause that the same has been complied with by refunding the amount to the petitioner. as for as third direction is concerned the same has also been complied with by making payment of rs. 20,000/- as costs. apart from the above, it is noticed from the show-cause that as per the order of the full bench further cost of rs. 10,000/- has also been paid. however, with regard to the second direction i.e. finalization of pension there is some dispute.4. the show-cause filed on two occasions would indicate that in pursuance of the order passed by the full bench giving two months time for finalization of pension the concerned authority has finalized the pension and after finalization of pension, authority slip has been issued in favour of the petitioner by the office of the accountant general.5. now the counsel appearing for the accountant general also would submit that in respect of second direction i.e. finalization of pension, authority slip has already been issued in favour of the petitioner and the same has been sent to the petitioner through post. he further states that one copy of the authority slip is available with him and he may hand it over to the counsel for the petitioner. accordingly he has handed over the copy of the authority slip to the counsel for the petitioner.6. the counsel for the petitioner is directed to hand over the copy of the authority slip to the petitioner to enable him to approach the concerned treasury officer. if such authority slip is available with the treasury officer he will disburse the amount in favour of the petitioner without further delay.7. however, if the petitioner has any further claim, he is at liberty to approach the authority concerned and in that event, the authority will consider the same and pass appropriate order. the petitioner is also at liberty to approach this court, if he has any grievance of non-compliance of this order. with this observation the contempt petition stands disposed of.

Judgment:
ORDER

M. Karpaga Vinayagam, C.J.

1. By order dated 23.8.2006 three directions have been given by this Court-(i) The respondents were directed to refund the amount already recovered from the petitioners within one month from the date of receipt/production of a copy of the order failing which they will pay interest @ 5% from the date such amount was recovered till the amount is paid; (ii) The respondents were also directed to finalize the pension of the petitioner within two months from the date of receipt/ production of a copy of the order and pay the admitted arrears on such finalization of pension along with 5% interest to be calculated from the date of retirement of the petitioner and (iii) In case of non-payment, the respondents will be liable to pay cost of Rs. 20,000/-, apart from the interest as ordered above.

2. The aforesaid order of the learned single Judge was affirmed by the Full Bench in L.P.A. and further two months' time was also granted to the respondents for finalization of pension.

3. As far as first direction is concerned, it is noticed from the show-cause that the same has been complied with by refunding the amount to the petitioner. As for as third direction is concerned the same has also been complied with by making payment of Rs. 20,000/- as costs. Apart from the above, it is noticed from the show-cause that as per the order of the Full Bench further cost of Rs. 10,000/- has also been paid. However, with regard to the second direction i.e. finalization of pension there is some dispute.

4. The show-cause filed on two occasions would indicate that in pursuance of the order passed by the Full Bench giving two months time for finalization of pension the concerned authority has finalized the pension and after finalization of pension, authority slip has been issued in favour of the petitioner by the office of the Accountant General.

5. Now the counsel appearing for the Accountant General also would submit that in respect of second direction i.e. finalization of pension, authority slip has already been issued in favour of the petitioner and the same has been sent to the petitioner through post. He further states that one copy of the authority slip is available with him and he may hand it over to the counsel for the petitioner. Accordingly he has handed over the copy of the authority slip to the counsel for the petitioner.

6. The counsel for the petitioner is directed to hand over the copy of the authority slip to the petitioner to enable him to approach the concerned Treasury Officer. If such authority slip is available with the Treasury Officer he will disburse the amount in favour of the petitioner without further delay.

7. However, if the petitioner has any further claim, he is at liberty to approach the authority concerned and in that event, the authority will consider the same and pass appropriate order. The petitioner is also at liberty to approach this Court, if he has any grievance of non-compliance of this order. With this observation the contempt petition stands disposed of.