OM PRAKASH : SMT MAYA Vs. MAHENDRA PAL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 10-12-1984 passed by the Motor Accident claims Tribunal, Jodhpur.

(2.) The brief facts giving rise to this appeal are that an accident took place on 1-3-1982 at 6.15 P.M. with the truck bearing No. RJR 7224 which was driven in a rash and negligent manner and it struck against one Om Prakash. As a result of this accident Om Prakash received the following injuries:

(3.) Mr. Parihar, learned Counsel for the appellant submitted that it is true that the English doctrine Actio personalis Mortiur Cum persona is applicable in the present case by virtue of Section 306 of the Indian Succession Act, but the action so far as it relates to the loss caused to the estate of the deceased will survive and that action will not die with the death of the deceased. In support of his aforesaid contention, learned Counsel has invited my attention to Sampati Lal v. Hari Singh,1985 RajLW 220. In that connection, it was observed as under: