K. PREMA Vs. HOTEL SARAVANA BHAVAN

JUDGEMENT

(1.) WHETHER the maxim actio personalis moritur cum persona on which Section 306 of the Indian Succession Act is based, can have a blanket applicability in all actions, even in a case of personal injuries wherein the damages flow from the head of loss to the estate, is the issue raised in this Appeal?

(2.) THE injured Palaniappan @ Subbiah, aged 49 years, lab technician, earning a sum of Rs.7,211/ - suffered injuries in an accident that took place on 11.09.2001, arising out of water tanker lorry, bearing Registration No.TN01 -A -7755. He filed claim petition in MCOP No.1338 of 2002 claiming compensation of Rs.10,00,000/ -.

(3.) IN cases of personal injury caused in an accident, the injured may die out of the injuries caused or injuries may not be the cause for death. But there may be circumstances, the injured might have spent money on account of medical expenses, transportation, extra nourishment, cost of attendant, pain and sufferings and consequent loss of income. After spending money on all those counts, if a person dies, whether there is a loss? Whether that loss could be construed as a personal loss to the injured himself and therefore, the action dies along with him or it is a loss to the estate of the deceased and therefore, it survives to the legal representatives of the deceased. This is the main issue that is canvassed in this Appeal.