The main legal point established in the judgment is the application of the legal principle 'actio personalis moritur cum persona' to determine the entitlement of legal representatives to compensation for non-pecuniary losses.

DARSHAN SINGH, J.

CM-22452-CII-2011 in FAO-5899-2011

There is delay of 97 days in filing the FAO No.5899 of 2011. The appellant has filed an application under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay.

Heard on the application.

In view of the reasons mentioned in the application, same is allowed and the delay in filing the appeal is hereby condoned.

Main Appeals

This judgment shall dispose of both the appeals mentioned above which have been arisen out of the same award dated 10.03.2011 passed by the learned Motor Accidents Claims Tribunal, Jhajjar (hereinafter called the “Tribunal”) whereby deceased injured Mohinder Singh Chauhan through his legal representatives has been awarded compensation to the tune of Rs.4,65,000/- on account of the injuries suffered by him in the motor vehicular accident which took place on 28.04.2007.

2. FAO No.4918 of 2011 has been filed by Hoshiar Singh, the owner of the offending vehicle and FAO No.5899 of 2011 has been preferred by Rampal the driver of the said vehicle to assail the award.

3. I have heard learned counsel for the parties and gone through the record of the case meticulously.

4. Learned counsel for the appellants contended that Mohinder Singh Chauhan has filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation on account of the injuries suffered by him in the motor vehicular accident which took place on 28.04.2007. They contended that during the pendency of the claim petition, Mohinder Singh Chauhan has died in another motor vehicular accident on 10.03.2010 and, thereafter his legal representatives were brought on record.

5. They contended that as the claimant had died, the legal representatives of the injured-claimant were only entitled for compensation which was loss of estate. The learned Tribunal was not justified in granting the compensation towards the non-pecuniary losses i.e. the compensation on account of grievous injuries, compensation on account of permanent disability and compensation on account of pain and suffering. Thus, they contended that the amount of compensation awarded by the learned Tribunal against law.

6. On the other hand, learned counsel for respondents No.1 & 2 contended that the claimant has suffered serious injuries in this accident. He suffered 40% permanent disability and also spent huge amount on his treatment. He also suffered loss of income. Thus, he contended that the award passed by the learned Tribunal does not call for any interference.

7. I have duly considered the aforesaid contentions.

8. It is an admitted fact that the claim petition was filed by injured Mohinder Singh Chauhan for grant of compensation on account of the injuries suffered by him in the motor vehicular accident which took place on 28.04.2007. It is also not disputed that during the pendency of the present claim petition said Mohinder Singh Chauhan has died in another motor vehicular accident. So, Mohinder Singh Chauhan, the claimant has died during the pendency of claim petition not due to the injuries received in this accident but on account of another motor vehicular accident and thereafter, the present claim petition was pursued by his legal representatives.

9. In order to determine the amount of compensation to the victim of the accident the Court has to determine the pecuniary and non pecuniary losses. It is settled principle of law that the compensation on account of personal suffering and disability dies with the claimant. The legal representatives of the claimant can only pursue the claim petition towards loss of estate. Thus, where the claimant dies during the pendency of the claim petition, his legal representatives can survive the claim only with respect to loss of estate.

10. The maxim 'actio personalis moritur cum persona' relates only to the personal or bodily injuries and not to