SURAJ PRASAD Vs. MOOLCHAND

JUDGEMENT

(1.) THIS is a revision against an order of the learned Civil Judge, Baran, dated 29-41952.

(2.) THE petitioner wanted to institute a suit for recovery of Rs. 10,000 under the indian Fatal Accidents Act against Moolchand and three other respondents in connection with the death of his wife Smt. Parbati Bai and for that purpose made an application for permission to sue in forma pauperis. The death of Smt. Parbati bai took place on 26-8-1950 as a result of her being injured by a Truck No. 515 on 20-7-1950. The first three defendants were said to be the owners of that truck and the defendant No. 4 was the driver at the time. The application was made on 278-1951. The defendants contested the application but the learned Civil Judge, on facts found that the petitioner was unable to pay the court-fee for the claim of Rs. 10,000, which he had made. He, however, rejected the application on the ground that the claim was not framed in the manner permitted by Law. Under Section 2 of the Indian Fatal Accidents Act not more than one action or suit can be brought in respect of the same subject-matter of complaint. Under Section 1 the suit has to be brought in the name of the executor, administrator or representative of the person deceased. Section 3 lays down that the plaint shall give a full particular of the person or persons for whom, or on whose behalf, such action or suit is brought. Clause (2) of Section 1 says that every such action shall be brought for the benefit of wife, husband, parent or child, and if the Court is pleased to grant damages they may be proportioned among the aforesaid persons according to the loss resulting to each of them by the death of the deceased.

(3.) IT is, therefore, clear that every one of the persons entitled to the benefit of damages has to be mentioned in the plaint for no separate action can be brought by any one of them later on.