The main legal point established in the judgment is the rights of legal representatives in an appeal originally filed by the injured-claimant, emphasizing that the appeal can only survive with regard to the loss to the estate.

Deepak Gupta, J. This appeal is directed against the award of the learned Motor Accident Claims Tribunal-II, Una (hereafter referred to as the tribunal) in MACP No. 59/93 RBR No 41/94, decided on 7.11.1999.

2. The appeal was initially filed by claimant Sunder Singh Sandu who unfortunately expired during the pendency of the claim petition. His widow, Harkirat Kaur and sons were permitted to be substituted as the legal heirs. However, the rights of the legal representatives in an appeal filed by the injured-claimants are limited and the appeal has to be decided to that limited extent. The H.R.T.C. has also filed cross objections and the delay in filing the cross objections has been condoned vide separate order of the date. The appeal and the cross objections are both being disposed of by this judgment.

3. Before discussing the merits of the case, it would be appropriate to first lay down the principles regarding the rights of the legal representatives in an appeal originally filed by the injured-claimant.

4. Under Common Law, the general rule was that the death of either party extinguished any cause of action in tort by one against the other. The maxim action personalis moritur cum persona, meaning a personal action does with the person was the accepted position in law. However, by the introduction of certain acts the rigours of this maxim have been diluted. In our country the survival and abatement of different causes action is governed by section 306 of the Indian of Succession Act which reads as under:- "306. Demands and rights of action of, or against deceased survive to and against deceased survive to and against executor or administrator.-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."

5. It will be seen that even Section 306 does not save an action for personal injuries not causing the death of a party.

6. It is well settled law that action in torts for claim of compensation for damages on account of injuries suffered by an injured is a right personal to the injured. This right cannot be continued by the legal heirs or legal representative. It is not doubt true that the legal heirs or the legal representatives an continue the proceedings in so far as they relate to the loss to the estate such as medical expenses, amount spent on treatment etc. However, the claim with regard to pan and suffering, future loss of income and such related matters is action which is personal to the injured alone and cannot be continued after his death unless it is proved that the death is the result of the injuries suffered in the accident.

7. A Division Bench of this Court in Narinder Kaur and others v. State of H.P. through the Secretary (Transport) and others [1991 ACJ 767] held as follows:- "8. We have heard the learned counsel for the parties and gone through the records. The principle of action personalis moritur cum persona relates only to the personal or bodily injuries and not to the loss caused to the estate of the deceased by the tortfeasor. In its applicability, the principle stands considerably modified by the provisions of section 306 of the Indian Succession Act, which clearly lays down that all demands whatsoever and all rights to prosecute or defend any action or special proceedings existing in favour of or against a person at the time of his death survive except causes of action for defamation, assault and other personal injuries not causing death of the party etc. which come to an end with the death of injured. The loss to the estate is thus not covered by the exceptions contai