H S GAMBHIR Vs. VAM DEV SHARDA

JUDGEMENT

(1.) THE deceased plaintiff brought a suit for damages against the defendants for causing injuries to his person which further resulted in loss of his business. The plaintiff died during the pendency of the suit. An application for being brought on record was preferred by the legal representatives of the deceased.

(2.) THE right of the legal representatives to be brought on record was refuted on the ground that the suit was based on torts and the right to sue was personal, the right to sue did cot survive on the death of the plaintiff on the maxim of actio personalis cum moritur persona and the suit abated, as it was for damages for personal injuries.

(3.) THE trial Court relying on M. Veerappa v. Evelyn Sequira, A. I. R. 1988 S. C. 506, found that the suit so far as it related to damages for personal injuries based on torts stood abated and the suit relating to damages to the business survived and, thus, brought the legal heirs of the deceased on record to the extent of the claim of the plaintiff for the loss regarding business of the deceased.