Binda Devi Vs. Jharkhand State Electricity Board Through Its Chairman 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.orderamareshwar sahay, j.1. heard the parties.2. the prayer of the petitioner in this writ application is for direction to the respondent's to make payment of the amount of leave encashment and gratuity, to be calculated on the basis of revised pay scale, which came into effect from 1.1.1996. further prayer is for a direction to pay and also to fix the family pension on the revised scale of pay.3. it is stated by the learned counsel for the petitioner that several representations have been filed by the petitioner to make payment of arrears but no, payment has been made till date.4. the learned counsel for the respondent states that the petitioner may be paid family pension in revised scale of pay but so far the arrears are concerned the board is not in a position to pay the said amount at present because of non-division of the assets of the two boards, i.e., jseb and bseb.5. in the view of the matter, this application is disposed of with a direction to the respondents to pass an appropriate order for payment of family pension to the petitioner in the revised scale of pay within four weeks from the date of receipt/production of a copy of this order. with regard to arrears, the respondents are directed to take a decision in the matter within a period of six months and then to pass an appropriate order in that regard.

Judgment:
ORDER

Amareshwar Sahay, J.

1. Heard the parties.

2. The prayer of the petitioner in this writ application is for direction to the respondent's to make payment of the amount of leave encashment and gratuity, to be calculated on the basis of revised pay scale, which came into effect from 1.1.1996. Further prayer is for a direction to pay and also to fix the family pension on the revised scale of pay.

3. It is stated by the learned counsel for the petitioner that several representations have been filed by the petitioner to make payment of arrears but no, payment has been made till date.

4. The learned counsel for the respondent states that the petitioner may be paid family pension in revised scale of pay but so far the arrears are concerned the Board is not in a position to pay the said amount at present because of non-division of the assets of the two Boards, i.e., JSEB and BSEB.

5. In the view of the matter, this application is disposed of with a direction to the respondents to pass an appropriate order for payment of family pension to the petitioner in the revised scale of pay within four weeks from the date of receipt/production of a copy of this order. With regard to arrears, the respondents are directed to take a decision in the matter within a period of six months and then to pass an appropriate order in that regard.