The main legal point established is that under the Fatal Accidents Act, the common law maxim 'actio personalis moritur cum persona' does not apply in cases of wrongful death, and the liability to pay compensation extends to the persons who inherit the estate of the deceased.

PARAMJIT SINGH PATWALIA, J.

1. Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 10.9.2011, Annexure P3, passed by learned Additional Civil Judge (Senior Division), Budhlada, whereby the application moved by the defendants for abatement of the suit has been accepted and the suit has been dismissed as having abated on account of the death of Kartar Singh, original defendant. Brief facts relevant for disposal of the revision petition are that petitioners-plaintiffs filed a suit for compensation of Rs. 3,00,000 against one Kartar Singh, son of Relu Singh, who had murdered the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3. Kartar Singh appeared and filed his written statement. Thereafter, issues were framed and plaintiffs led their evidence. Thereafter, during the pendency of the suit for compensation, Kartar Singh died. His legal heirs were brought on record. Legal heirs of deceased Kartar Singh, after appearance, moved an application that they are not responsible for payment of compensation since Kartar Singh against whom the suit for compensation was filed had died and the suit stands abated and cannot proceed. The trial court, after hearing the parties, accepted the said application and dismissed the suit as abated. Hence, this revision petition.

2. I have heard learned counsel for the parties and perused the record.

3. Learned counsel for the petitioners vehemently contended that legal heirs of deceased Kartar Singh (original defendant) have rightly been brought on record. Since the estate of deceased Kartar Singh (original defendant) has been inherited by the respondents/L.Rs. of Kartar Singh, the recovery can be effected from the estate of Kartar Singh (deceased) in the hands of respondents. The suit does not abate.

4. On the other hand, learned counsel for the respondents vehemently opposed the contentions raised by the learned counsel for the petitioners and contended that since the wrongdoer has died, no compensation can be claimed from the legal heirs qua the estate of the deceased. It is a personal action and relief sought is connected with deceased Kartar Singh only. Hence, the suit stands abated and the trial court has rightly accepted the application and dismissed the suit as abated.

5. I have given thoughtful consideration to the rival contentions raised by the learned counsel for the parties.

6. Before I deal with the contentions raised by the learned counsel for the parties, it would be appropriate to reproduce section 1-A of the Fatal Accidents Act, 1855 (hereinafter referred to as 'the Act') which reads as under:

"1-A. Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.--Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued, shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime.

Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased;

And in every such action the court may give such damages as it may think proportionate to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares