Actio Personalis Moritur Cum Persona

Any right of action dies with the person.

It is now the settled law of this Court in the decision reported in ILR 1972 Cut 275 (Oriental Fire and General Insurance Company Limited v. (Mrs. Kamal Kamini Das and Ors.) followed in the latest decision, reported in Orissa Road Transport Company Limited Vs. Umakanta Singh and Another, that the right to compensation on account of injuries sustained in a motor vehicle accident is a branch of the Law of Torts.

For the benefit of the claimants special procedure has only been provided under the Act. The Act provides that in respect of injuries short of death, the injured is to make the claim and in case of death the legal representatives shall make the claim. There is no departure from the common law maxim in the Law of Torts relied upon.

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