The legal principle of actio personalis moritur cum persona applies to the entitlement of legal representatives to compensation for injuries and pain and suffering, and the court's decision was based on the application of this principle.

S. Manikumar, J.

The question posed before this Court is whether the legal representatives/dependants are entitled to the compensation awarded for pain and suffering, experienced by the deceased and the injuries sustained by him in the accident?

2. Facts leading to the appeal are as follows:

In a road accident which occurred on 29.6.1999, one Vadamalai sustained multiple injuries. He claimed compensation of Rs. 2,00,000/- under various heads. During the pendency of the claim petition, he died. Consequently, the legal representatives/respondents were brought on record. The respondents-claimants failed to examine a doctor nor produced any documentary evidence to prove that the death was due to the injuries sustained in the accident. On evaluation of pleadings and evidence, the Tribunal found that there was no nexus between the injuries and the cause of death. However, taking into consideration the period of hospitalisation and the nature of injuries sustained by the deceased, viz., fractures of tibia and fibula and in the left toe, the Tribunal, awarded Rs. 30,000 for injuries, Rs. 30,000 for pain and suffering, Rs. 3,000 for medical expenses, Rs. 1,000 for transportation; altogether awarded a sum of Rs. 64,000 with interest at the rate of 7.5 per cent per annum.

3. Assailing the award, learned Counsel for the appellant insurance company submitted that the Tribunal having found that the death was not due to the injuries sustained in the accident and considering the fact that the injured died, after more than one year, from the date of accident, the Tribunal has grossly erred in awarding compensation to respondents-claimants, for the injuries and pain and suffering experienced by the deceased.

4. Relying upon the legal principle of actio personalis moritur cum persona, the learned Counsel for the appellant submitted that the pain and suffering dies along with the deceased and there cannot be any award. He further submitted that the legal heirs/dependants of the deceased are not entitled to compensation for injuries, unless the respondents-claimants prove that the death was on account of the injuries sustained in the accident. In this context, he relied on decisions in M. Veerappa Vs. Evelyn Sequeira and Others, (1988) 1 SCC 556, and Uttam Kumar (Deceased) Vs. Madhav and Another, (2002) ACJ 1828.

5. Per contra, Mr. M. Gnanagurunathan, learned Counsel for respondents-claimants submitted that the deceased sustained three fractures, that he was treated as inpatient for nearly 3 months in the hospital, during which time, the respondents-claimants incurred considerable medical expenditure. He further submitted that the legal representatives/dependants are entitled to loss of earnings during the period of treatment and, therefore, prayed that the award be sustained.

6. Heard the learned Counsel appearing for the parties and perused the materials available on record.

7. Actio personalis moritur cum persona is held applicable in cases where suit for damages and defamation, assault or other personal injuries sustained by the plaintiff, which had resulted in a decree in favour of the plaintiff because in such a case, the cause of action merges with the decree and the decretal debt forms part of the plaintiff's estate and the appeal from the decree by the defendant becomes a question of benefit or detriment to the estate of the plaintiff which his legal representatives are entitled to uphold.

8. Some of the case-laws decided by various High Courts on this issue are hereunder:

(i) The plain meaning of the maxim actio personalis moritur cum persona is that 'a personal action dies with the parties to the cause of action'. The above said maxim is an invention of English lawyers. In Girja Nandini Devi and Others Vs. Bijendra Narain Choudhury, AIR 1967 SC 1124 : (1967) 1 SCR 93, the Supreme Court observed as hereunder:

The maxim actio personali