JOTI RAM Vs. CHAMAN LAL

JUDGEMENT

(1.) On Jan. 10,1976 at about 6.30 A.M. Kaviraj Ram Singh while he was going on a bicycle from his clinic to the Yoga Centre in Yamuna Nagar, was knocked down near the Railway Station by truck No. HRA 5129 driven by Gurvender Singh, respondent No. 2, and thereby received serious bodily injuries. He filed a claim on July 16, 1976 for Rs. 50,000/- on various counts detailed below :-

(2.) Unfortunately during the trial, he died on Sept. 10, 1978 and his three sons and two daughters applied on Nov. 15, 1978 for being impleaded as claimants. This application was opposed and it was averred that the cause of action being personal to the deceased did not survive after his death. This plea was upheld by the Tribunal relying on a Single Bench decision of this Court in Calcutta Insurance Ltd. v. Bhupinder Singh, 1970 Acc C J 344 and the claim petition dismissed vide order dated June 11, 1979.

(3.) Mr. Ashok Aggarwal, learned counsel for the appellants did not seriously dispute that so far as the claim for pains and sufferings was concerned it would abate on the death of the injured. But respecting the claim under other heads, he contended that as the same related to the loss of property, the right to sue would not abate on the death of the injured and would survive to his legal representatives. Though the decision referred to above was distinguishable on facts yet keeping in view the importance of the question I referred the same for authoritative decision by a Larger Bench and this is how this reference has come before us.