AIR 1969 CALCUTTA 394 ::ILR (1968) 2 Cal 496

Calcutta High Court

Hon'ble Judge(s): P. N. Mookerjee, Amitabha Dutta , JJ

(A) Succession Act (39 of 1925) , S.306— "Actio personalis moritur cum persona" - Maxim applicable in India only to the extent it is recognised by S.306 and principles underlying it - Injuries causing death - Action for - Cause of action survives to heirs - Maxims - "Actio personalis moritur cum persona - Applicability in India. Civil P.C. (5 of 1908) , Preamble— Motor Vehicles Act (4 of 1939) , S.110A— The maxim "actio personalis moritur cum persona" of the English Law may be given effect to in India to the extent it has been recognised in S. 306 of the Indian Succession Act. read in the light of its other provisions, and the underlying principles deduced from the same. The claim of the English Common Law to govern legal relations in India is founded on the absence of any statutory provision governing such relationship, and on its consonance with principles of justice, equity and good conscience. It is observed that the maxim has been criticised even in England, as harsh, unconscionable and unjust.(Para 8) Therefore, by reason of the principles underlying the provision under S. 306, a cause of action based on personal injuries causing the death of the deceased survives to his heirs and they can be substituted in his place in the claim petition preferred by the deceased before the Motor Accidents Claims Tribunal.....