E. SWAMY Vs. C. R. USHA

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) has been filed by the claimant against the judgment dated 13.07.2017 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.1884/2012, by which the claim petition preferred by the claimant seeking compensation in respect of the injuries sustained by him in the motor vehicle accident which occurred on 06.04.2011 near Maralagala village, due to the rash and negligent riding of the motor cycle bearing Registration No.KA-09-EQ-0522 has been dismissed.

(2.) When the matter was taken up today, learned counsel for the Insurance Company submitted that the instant appeal in respect of the injuries sustained by the claimant is not maintainable at the instance of the legal representatives of the injured claimant on account of the death of the injured claimant on 22.02.2018. Learned counsel for the claimant could not dispute the aforesaid submission.

(3.) A full bench of this court in UTTAM KUMAR (DECEASED) VS MADHAV AND ANR , 2002 ACJ 1828 has held that the common law rule 'actio personalis moritur cum persona' as embodied in Section 306 of Indian Succession Act, 1925 applies to a claim made by a person for compensation for personal injuries caused in a motor accident does not, on that person's death not being the consequence of such injuries, survive to his/her legal representatives. The cause of action for personal injuries being founded on tort (accident caused by the tortfeasor due to his negligence), injured person's claims for damages under heads recognized by common law and not by statute, based on such tort and not independently of it, cannot, on such person's death, survive for prosecution by his/her executors or administrators (or legal representatives) since Section 306 of the Indian Succession Act, in express terms, declares that the cause of action in favour of a person for personal injuries (tort) does not survive on such person's death to his/her executors or legal representatives. Therefore, the appeal is dismissed as the same is not maintainable by the legal representatives of the deceased claimant in respect of the injuries sustained by the injured claimant who has passed away during the pendency of this appeal on 22.08.2018.