SURADHANI NATH Vs. GOURANGA DEY

JUDGEMENT

(1.) This appeal was originally filed by Shri Sunil Nath, the claimant. The claimant had filed a petition under Section 166 of the Motor Vehicles Act claiming that he received injuries in a Motor Vehicle accident. Due to the injuries his left arm was amputated and it was claimed that he could not drive and his loss of income was 100%. A disability certificate was issued showing the loss of earning at 80%. This disability certificate was issued for a period of 5 years as is the practice in the State of Tripura.

(2.) The learned Tribunal assessed the loss of earning only for 5 years and awarded Rs.4,80,000/- under this head. Another sum of Rs.20,000/- was awarded for medical expenses. Aggrieved by this award Shri Sunil Nath filed the appeal. Unfortunately during the pendency of the appeal Sunil Nath died and now the appeal is being prosecuted by his widow and children.

(3.) The principle of actio personalis moritur cum persona is a principle applicable to personal injury cases. The literal meaning of this Latin phrase is that an action for personal injuries dies with the person injured. It is contended on behalf of the respondents that the legal representatives cannot be permitted to continue this action on behalf of the deceased and are not entitled to any compensation. On the other hand, on behalf of the legal representatives it is contended that they are entitled to claim the full compensation payable to the injured who is now dead. No doubt, as per this principle, an action for injuries whether physical or otherwise does not survive if the person injured dies. However, Section 306 of the Indian Succession Act saves the right even in such cases to a limited extent. Section 306 of the said Act reads as follows: