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Joti Ram And Others , v. Chaman Lal And Others
Factual and Procedural Background
On January 10, 1976, Kaviraj Ram Singh was seriously injured when a truck driven by Gurvender Singh knocked him down near the Railway Station in Yamuna Nagar. He filed a claim on July 16, 1976, seeking Rs. 50,000/- for medical expenses, special diet, additional expenditure for regaining health, loss of earnings, loss to his dependents, and pain and suffering. During the trial, the injured party died on September 10, 1978. Subsequently, his children applied to be impleaded as claimants, but their application was opposed on the ground that the cause of action was personal and did not survive his death. The Tribunal upheld this plea, relying on a Single Bench decision, and dismissed the claim petition on June 11, 1979. The present appeal challenges the dismissal and raises the question of survivability of certain claims after the death of the injured.
Legal Issues Presented
- Whether the cause of action for compensation for personal injuries survives the death of the injured person.
- Whether claims related to loss affecting the estate of the deceased survive and can be pursued by legal representatives.
- The applicability and interpretation of Section 306 of the Indian Succession Act in relation to claims for compensation after the death of the injured.
Arguments of the Parties
Appellants' Arguments
- The claim for pain and suffering abates on the death of the injured, but claims related to loss of property do not abate and survive to the legal representatives.
- The decision relied upon by the Tribunal was distinguishable on facts.
- Legal representatives should be entitled to continue the claim relating to loss to the estate of the deceased.
Respondents' Arguments
- The cause of action being personal to the deceased does not survive after his death.
- Conceded that claims affecting the estate would survive but maintained that the present claims did not qualify.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Calcutta Insurance Ltd. v. Bhupinder Singh and others, 1970 72 P.L.R 724 | Section 306, Indian Succession Act: Personal injury claims do not survive death. | The Tribunal relied on this case to dismiss the claim as the cause of action was personal and abated on death. |
| C.P Kandaswamy and others v. Mariappa Stores and others, 1974 A.C.J. 362 | Personal injury claims abate on death. | Supported the principle that claims for personal injuries do not survive to legal representatives. |
| Kongara Narayanamma and others v. Uppala China Simhachalam and others, 1975 A.C.J. 448 | Claims for loss to property survive death and can be pursued by legal representatives. | Upheld the right of legal representatives to continue claims relating to loss to the estate. |
| Hazari and others v. Neki (dead) by his legal representatives and others, 1968 70 P.L.R 823 | Interpretation of Section 306, Indian Succession Act and limitation of actio personalis moritur cum persona. | Clarified that some personal actions survive death, including those relating to property. |
| Girijanandini Devi and others v. Bijendra Narain Choudhary, A.I.R 1967 S.C 1124 | Scope of actio personalis moritur cum persona and survival of certain personal claims. | Rejected the plea that rendition of accounts was a personal claim that dies with the person, explaining the limited application of the maxim. |
Court's Reasoning and Analysis
The Court examined Section 306 of the Indian Succession Act, which provides that most rights to prosecute or defend actions survive death except for certain personal injury claims and causes where relief would be nugatory after death. The Court distinguished between claims for pain and suffering, which are personal and abate on death, and claims affecting the estate, which survive. The Court referred to authoritative precedents, including Kongara Narayanamma and Hazari, which recognize that claims relating to loss to property or estate survive death and can be pursued by legal representatives. It was noted that the maxim actio personalis moritur cum persona applies only to a limited class of personal actions and does not bar survival of claims related to property or estate damages. Consequently, the Court held that the appellants' claim relating to loss to the estate should survive and be allowed to proceed.
Holding and Implications
The appeal is allowed with costs, the impugned order is reversed, and the case is remanded to the Tribunal for further proceedings in accordance with law.
The direct effect of this decision is that claims for loss to the estate of an injured person survive their death and may be pursued by legal representatives. No new precedent beyond the clarification and authoritative interpretation of existing law was established.
The Judgment of the Court was delivered by:—
S.P Goyal, J. — (16th July, 1984) — On January 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:—
1. Rs. 1,000/- on account of medical bills;
2. Rs. 2,000/- incurred on special diet during illness.
3. Rs. 3,000/- on account of the additional expenditure likely to be incurred to regain health.
4. Rupees 12,000/- on account of loss of earnings.
5. Rs. 3,000/- on account of loss to his sons and daughters because of their dependance upon him.
6. Rs. 29,000/- for pain and sufferings.
2. Unfortunately during the trial, he died on September 10, 1978 and his three sons and two daughters applied on November 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 Calcutte Insurance Ltd. v. Bhupinder Singh and others . 1970 72 P.L.R 724. 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.
4. At the outset we may observe that Mr. V.P Gandhi, learned counsel appearing for the respondents very fairly and frankly conceded that if any part of the claim relates to the loss which affects the estate of the deceased the cause of action would survive and the heirs of the deceased be entitled to be impleaded as legal representatives and proceed with the petition. All the same we should like to record our reasons and distinguish the cases which were either relied upon by the learned counsel for the respondent or the Tribunal to hold that the right to sue in the present case did not survive after the death of the deceased.
5. In Calcutta Insurance Ltd.'s case (supra) the deceased had claimed the amount of Rs. 20,000/- on account of physical and mental pain suffered by him as a result of the injuries which he sustained in the accident. A.D Koshal, J. (as he then was) relying on section 305, Indian Succession Act held that the right to sue did not survive to the legal heirs, the claim being personal to the deceased. The said section 306 reads as under:—
“All demands whatsoever and all rights to prosecute or defend any action or special proceeding existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code. or other personal injuries not causing the death of the party; and except also cases where after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.”
A bare perusal of the section would reveal that action for personal injuries, short of causing death, abates with the death of the deceased or the injured and does not survive to the legal heirs. As the question before the learned Judge as to whether the claim for physical and mental pain would survive on the death of the injured was directly coveted by the provisions of the said section, it was rightly held that the same did not survive to the legal heirs Similarly, in C.P Kandaswamy and others v. Mariappa Stores and others . 1974 A.C.J. 362., relied upon by the learned counsel for the respondent, the compensation had been claimed on account of the personal injuries sustained by the claimant and the Division Bench of Madras High Court rightly held that after the death of the injured the right to sue did not survive to the legal representatives.
6. The question before us came up for direct consideration before A.V Krishna Rao, J. in Kongara Narayanamma and others v. Uppala China Simhachalam and others . 1975 A.C.J. 448., who upheld the right of the legal representatives of the deceased to carry on the proceedings qua the damages claimed for the loss to the property of the deceased in the following terms:—
“When a person sues for compensation in respect of the injuries sustained by him under section 110-A(1)(a) of the Act, the compensation may be claimed in respect of not only the physical injury but also the mental suffering including any expenses he might have incurred for treatment etc. He may also claim damages towards loss to the property consequent upon the accident. If the compensation awardable in respect of some of the items can be said to have resulted in loss to the property of the injured person, there is nothing in law or section 110-A (1) of the Motor Vehicles Act which prohibits a claim for compensation being made in that behalf. In such cases, I am of the opinion that maxim actio personalis moritur cum persona cannot be invoked, if the accident instead of resulting in an injury resulted in the death of a person. Under the law the legal representatives can claim compensation for loss to the estate of the deceased. If an action is initiated by an injured person for compensation in respect of items which involve loss to his property why should it not survlve to the legal representatives when he dies during the pendency of an action?”
In Hazari and others v. Neki (dead) by his legal representatives and others . 1968 70 P.L.R 823., while dealing with the question of devolution of the right of pre emption on the legal representatives of the deceased plaintiff, the Supreme Court explained the scope of the provisions of section 306, Indian Succession Act, 1925 and observed that this section expresses a qualification of the maxim actio personalis moritur cum persona to the extent that the section indicates that amongst causes of action which survive are included some actions of a personal nature that is to say personal actions other than those expressly excluded by the section itself. From these observations it is evident that the provisions of the said section not only provide that causes qua property would devolve on the legal heirs of the deceased plaintiff but also saves some of the actions of personal nature except those expressly excluded therein. Again, in Girijanandini Devi and others v. Bijendra Narain Choudhary . A.I.R 1967 S.C 1124., the plea that the right of rendition of accounts was a personal claim and did not survive on the death of the plaintiff was rejected and the scope of the maxim, actio personalis moritur cum persona was explained thus:
“a claim for rendition of account is not a personal claim. It is not extinguished because the party who claims an account or the party who is called upon to account dies. The maxim ‘actio personalis moritur cum persona’ a personal action dies with the person has a limited application. It operates in a limited class of actions ex delicto such as actions for damages for defamation, assault or other personal injuries not causing the death of the party, and in other actions where after the death of the party the relief granted could not be enjoyed or granting it would be nugatory. An action for account is not an action for damages ex delicto and does not fall within the enumerated classes. Nor is it such that the relief claimed being personal could not be enjoyed after death, or granting it would be nugatory. Death of the person liable to render an account for the property received by him does not, therefore, affect the liability of his estate”
The scope of the provisions of section 306, Indian Succession Act and the maxim “actio personalis moritur cum persona”. therefore, appears to be well settled and the claim of damages on account of loss to the estate of the injured would not abate on his death. Consequently this appeal is allowed with costs and the impugned order reversed. The case would now go back to the Tribunal for further proceedings in accordance with law.
R.M.S-Appeal allowed.
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