Court on Its Own Motion 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. - 7. so, in view of the aforesaid fact that almost all the directions are reported to have been complied with by the concerned department as well as by the learned advocate general, we feel that purpose of this writ petition has been achieved.order1. 5th report with regard to the lightning has been filed by the learned advocate general, jharkhand, from perusal of which the following facts emerge:human resources development department have installed lightning arrestors with proper earthing in school buildings and work is continuing for the installation of similar lightning arrestor in remaining school buildings.2. science and technology department was directed to release a sum of rs. 1.5 crore each in favour of birsa agriculture university (bau), kanke, ranchi and the bit, mesra, ranchi and out of this, the first instalment of rupees seventy five lakhs each has been released by the department in favour of each of two institutions, namely the bau, kanke and bit, mesra, ranchi, which are reportedly carrying on research work and would try to submit their interim reports within a period of one month and that after receipt of the interim reports, balance sums of rupees seventy five lakhs each in favour of both the aforesaid institutions will be released.3. the vice chancellor, bau has informed that they are also making necessary announcements through their local radio station through which the farmers are being informed about the details of lightning. it further appears from the report that they are also trying to announce so as to inform the farmers about the likelihood of lightnings in advance, about two hours prior to the expected lightning in a particular area and that pamphlets are being regularly distributed among villagers by bau, kanke, indicating therein the reasons for lightning and the preventive steps to be taken in case of lightning.4. it further appears that a large number of pamphlets are being distributed by the human resources department amongst the public apart from announcement made by bau through radio station and steps are being taken to collect reports from the aforesaid two institutions.5. thus from the aforesaid facts, it is apparent that almost all directions given by this court from time to time are being implemented by the authorities concerned by way of creating mass awareness, installing of lightning arrestors with proper earthings and thus all the directions given by this court have been complied with and the purpose of the writ petition by way of public interest litigation has been achieved.6. however, with reference to para 4(i), we make it clear that it would be appropriate to fix some time-frame and accordingly we fix a period of six months for installing lightning arrestors in schools, etc. further more, reports by two institutions must be submitted to the ag through the department of science & technology and action be taken by the department on the basis of the reports, and as directed by this court by order dated 12.12.2007, the state government shall approach the government of india to include lightnings in the category of natural calamity and the government of india on receipt of the report shall take, necessary steps and grant relief fund to the state.7. so, in view of the aforesaid fact that almost all the directions are reported to have been complied with by the concerned department as well as by the learned advocate general, we feel that purpose of this writ petition has been achieved.8. this application is thus disposed of, but with further direction to the authorities concerned to further implement the orders and direction issued earlier in this writ petition.9. before parting, we put on record our appreciation for the services rendered by mr. v.p. singh appearing as amicus curiae and the learned advocate general.10. let a copy of this order be given to the learned advocate general.

Judgment:
ORDER

1. 5th report with regard to the lightning has been filed by the learned Advocate General, Jharkhand, from perusal of which the following facts emerge:

Human Resources Development Department have installed lightning arrestors with proper earthing in school buildings and work is continuing for the installation of similar lightning arrestor in remaining school buildings.

2. Science and Technology Department was directed to release a sum of Rs. 1.5 crore each in favour of Birsa Agriculture University (BAU), Kanke, Ranchi and the BIT, Mesra, Ranchi and out of this, the first instalment of rupees seventy five lakhs each has been released by the Department in favour of each of two institutions, namely the BAU, Kanke and BIT, Mesra, Ranchi, which are reportedly carrying on research work and would try to submit their interim reports within a period of one month and that after receipt of the interim reports, balance sums of rupees seventy five lakhs each in favour of both the aforesaid institutions will be released.

3. The Vice Chancellor, BAU has informed that they are also making necessary announcements through their local Radio Station through which the farmers are being informed about the details of lightning. It further appears from the report that they are also trying to announce so as to inform the farmers about the likelihood of lightnings in advance, about two hours prior to the expected lightning in a particular area and that pamphlets are being regularly distributed among villagers by BAU, Kanke, indicating therein the reasons for lightning and the preventive steps to be taken in case of lightning.

4. It further appears that a large number of pamphlets are being distributed by the Human Resources Department amongst the public apart from announcement made by BAU through radio station and steps are being taken to collect reports from the aforesaid two institutions.

5. Thus from the aforesaid facts, it is apparent that almost all directions given by this Court from time to time are being implemented by the authorities concerned by way of creating mass awareness, installing of lightning arrestors with proper earthings and thus all the directions given by this Court have been complied with and the purpose of the writ petition by way of public interest litigation has been achieved.

6. However, with reference to para 4(i), we make it clear that It would be appropriate to fix some time-frame and accordingly we fix a period of six months for installing lightning arrestors in schools, etc. Further more, reports by two institutions must be submitted to the AG through the Department of Science & Technology and action be taken by the Department on the basis of the reports, and as directed by this Court by order dated 12.12.2007, the State Government shall approach the Government of India to include lightnings in the category of natural calamity and the Government of India on receipt of the report shall take, necessary steps and grant relief fund to the State.

7. So, in view of the aforesaid fact that almost all the directions are reported to have been complied with by the concerned Department as well as by the learned Advocate General, we feel that purpose of this writ petition has been achieved.

8. This application is thus disposed of, but with further direction to the authorities concerned to further implement the orders and direction issued earlier in this writ petition.

9. Before parting, we put on record our appreciation for the services rendered by Mr. V.P. Singh appearing as amicus curiae and the learned Advocate General.

10. Let a copy of this order be given to the learned Advocate General.