ORIENTAL INSURANCE COMPANY LTD Vs. BOOBATHIAMMAL

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 28. 08. 2001, made in M. C. O. P. No. 15 of 1996, on the file of the Motor Accidents claims Tribunal (Subordinate Judge), Ambasamudram.

(2.) HEARD both sides.

(3.) THE quintessence of the grounds of appeal would run thus: since the original petitioner in M. C. O. P. viz. Ramiah died during the pendency of the claim petition, which he filed for the injuries sustained by him as well as for the death of his buffaloes, the Tribunal was not justified in awarding compensation as his claim got extinguished along with him. The pith and marrow of the contention of the insurance company is that the principle "actio Personalis Moritur cum persona" is applicable to the facts and circumstances of the case.