Supreme Court of India
The Oriental Insurance Company Limited v. Kahlon @ Jasmail Singh Kahlon (deceased) through His Legal Representative Narinder Kahlon Gosakan and Another
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What the Court ordered
We are of the opinion that maxim “actio personalis moritur cum persona” on which Section 306 of the Indian Evidence Act ( sic Indian Succession Act) is based cannot have an applicability in all actions even in an case of personal injuries where damages flows from the head or under the head of loss to the estate.
Judgment, page 9
From the headnote
Motor Vehicles Act, 1988: s. 166 (a) – Compensation – Injuries caused in a motor accident – Claimant suffered 100 per cent physical disability in a motor accident – Claim for compensation – Award of Rs. 1,00,000/- with 9% interest – Appeal before the igh Court – During pendency of the appeal, death of claimant, not attr ibuted to injuries suffered in the accident – Substitution of name of c laimant’s daughter in the appeal – High Court enhanced the com pensation to Rs 37,81,234/- – On appeal, held: The Act is a b eneficial and welfare legislation – If the legal heirs can pursue claims in case
Authorities it was built on
- 2010 Raj Kumar v. Ajay Kumar & Anr.
- 1970 Smt. Jatan Kumar Golcha v. M/s. Golcha Properties (p) Ltd.
- 2019 Parminder Singh v. New India Assurance Co. Ltd. & Ors.
- 1962 Kurapati Venkata Mallayya and Another v. Thondepu Ramaswami and Co. and Another
- 2016 Tmt. Kasthuri Radhakrishnan & Ors. v. M. Chinniyan & Anr.
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