death of the deceased in view
of the maxim "actio personalis moritur cum persona". Where the deceased died
about five months after ... second edition p.691):
"Obviously, the applicability of the maxim actio personalis moritur cum persona
being confined only to claims for personal injuries, without
compensation.
The said argument is based on the legal maxim actio personalis moritur cum
persona, i.e., the personal action dies with the person ... this
Court discussed the aspect of applicability of the maxim actio personalis
moritur cum persona to motor accident claims. In that case, the claimant filed
sustained in the accident. It was next argued that the maxim
actio personalis moritur cum persona is applicable as a personal right of action dies ... shall not cause the suit to abate. The applicability of maxim
actio personalis moritur cum persona being confined only to the claim of personal
injury
counsel for insurance company argued that the maxim actio personalis
moritur cum persona is applicable as a personal right of action dies with the person ... shall not cause the suit to abate. The applicability of maxim
actio personalis moritur cum persona being confined only to the claim of personal
injury
cognizable offence instituted upon
a complaint, the axiom of actio personalis moritur
cum persona, in civil law confined to torts, does not
apply
Karnataka), has held thus:
"(i) The Common Law Rule 'actio personalis moritur cum
persona' as embodied in Section 306 of the Succession
road
accident. In such circumstances, the maxim 'actio personalis moritur cum
persona' (personal action dies with the death of Subramani) will not apply
legal representatives
because of the Common Law Rule 'actio
personalis moritur cum persona' found
embodied in Section 306 of the
Succession Act. Then
action dies with the death of the person on the
maxim actio personalis moritur cum persona. But this operates
only in a limited class
have been brought on record to prosecute the appeal. The maxim actio personalis moritur cum personal relates only to the personal or bodily injuries
