Sampati Lal And Ors. vs Hari Singh And Ors. on 19 March, 1985
In this regard counsel for the appellant placed reliance on the decision of Rajasthan High Court in re Sampati Lal & Ors. V. Hari Singh and Ors. , which was also a case under the Motor Vehicle Act.. In that case claimant died during the pendency of the proceedings. The Court opined that the claim on account of personal damages did not survive in view of Section 306 of the Successions Act. Only claim relating to loss to the estate did survive. In the present case admittedly, the death was not due to the accident which was caused on 18th september,1973. The objector died during the pendency of the appeal on 17th August,1983. Hence, Mr.Tarun Johri's contention that the claim for enhancement of general damages after the death of the objector did not survive appears to be right. As regards other claims regarding medical expenses expenses on special diet, doctor's fees and conveyance, Mr.Johri contended even those are also personal in nature, therefore, the objection petition is not maintainable after the death of the injured.