1. The application of maxim actio personalis moritur cum persona and the maintainability of an appeal when permission under Section 170 of the Motor Vehicles Act, 1988 (the Act, for short) is not obtained before the trial court are the questions that arise for consideration in this appeal.

2. The 2nd respondent in M.V.O.P.No.42 of 2008 on the file of the Judge, Family Court, Secunderabad, preferred this appeal against the petitioners arraying them as respondents 1 to 3 in the appeal and against the 1st respondent arraying him as respondent No.4 in the appeal. For convenience, the parties are referred to as they are arrayed before the trial court.

3. The 1st petitioner is the injured in this case.

On 22-5-2007, he was travelling along with other passengers in an auto bearing registration No.AP 36W 1025 from Baswapur Village towards Koheda Village.

By the time the auto reached the outskirts of Venkateshwarlupalli Village, the driver of the auto drove the auto in a rash and negligent manner. The driver of the auto lost control of the auto resulting in the auto turning turtle. The 1st petitioner sustained injuries in the said accident. He was immediately shifted to the lo