Punjab-Haryana High Court
Swaran Kaur Through Lr vs Charanjit Singh @ Rinku & Others on 11 April, 2023
CR No. 487 of 2016 1 2023:PHHC:050238
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No. 487 of 2016
DATE OF DECISION :- April 11, 2023
Swaran Kaur through LR ...Petitioner
Versus
Charanjit Singh @ Rinku and others ...Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Navjot Singh, Advocate for the petitioner.
Ms. Shazia K. Singh, Advocate for the respondents.
***
1. Under challenge in this revision petition is an order dated
21.8.2015 passed by Civil Judge (Junior Division), Fatehgarh Sahib vide
which in a pending suit titled 'Swaran Kaur versus Charanjit Singh alias
Rinku and others' an application dated 4.3.2015 for impleading Lrs of
deceased plaintiff Swaran Kaur had been dismissed.
2. Briefly stated the facts of the case are that during pendency of
the civil suit in the trial Court plaintiff Swaran Kaur had expired leaving
behind her legal heir/son Sahib Singh. An application was filed to implead
legal representatives of the deceased. That application was resisted by the
PARVINDER SINGH
2023.04.12 17:01
I attest to the accuracy and
integrity of this order/judgment
Chandigarh
CR No. 487 of 2016 2 2023:PHHC:050238
defendants. Vide impugned order the application was dismissed. The
operative part of the order is reproduced for ready reference :-
"What now falls for consideration is whether the suit filed by
the plaintiff was founded on torts or on contract. The present
suit of the plaintiff is wholly founded on torts because it is
related to the damages sought for by the plaintiff for alleged
loss of money and physical and mental pain and hence the suit
is based only on the personal injuries of the plaintiff. Hon'ble
Apex Court laid down in the case titled as 'M.Veerappa Vs.
Evelyn Sequeira and other' AIR 1988 (S.C.) 506 that if the
entire suit is founded on torts the suit would undoubtedly abate.
The present suit is one for the personal injuries alleged to have
been sustained by the plaintiff, the suit abates on her death as
per the maxim action personal is cum moritue persona. The
Court is further fortified by the law laid down by Hon'ble
Punjab and Haryana High Court in the case titled as 'State of
Haryana Vs. Gurcharan Singh Bhutani' 2011 (1) Law Herald
88."
3. Feeling aggrieved the legal representative of the plaintiff has
approached this Court by way of filing the present revision petition. Notice
of such revision petition was given to respondents who have put in
appearance through counsel.
4. I have heard learned counsel for the parties besides going
through the record.
5. The suit in question was filed by Smt. Swaran Kaur seeking
damages on account of murder of her son Daler Singh by defendants
PARVINDER SINGH
2023.04.12 17:01
I attest to the accuracy and
integrity of this order/judgment
Chandigarh
CR No. 487 of 2016 3 2023:PHHC:050238
Charanjit Singh etc. In the judgment referred to by counsel for the revision
petitioner titled 'Basant Kaur versus Gajinder Singh' 1996 (2) R.R.R. 741 by
a single Judge of this Court which is with regard to suit for damages filed by
plaintiff on account of injuries caused by defendants on body of plaintiff,
medical expenses, mental torture, loss in business and efficiency when the
plaintiff had died during pendency of the suit it was observed that the right
to sue survives because where injuries caused to the deceased had tangibly
affected his estate or has caused an accretion to the estate of the wrong doer.
This order of the trial Court dismissing the application for Lrs to be
impleaded was not justified and Lrs were ordered to be brought on record.
6. As against that the judgments referred to by learned counsel for
the respondents titled 'M.Veerappa Versus Evelya Sequeria and others'
1988(1) RLR 218, 'Daljit Singh versus Yogeshwar Prasad' 2006(88) DRJ
698, 'E.I. Ltd. and another versus Klaus Mittelbachert (deceased) through
Lrs.' 2002 AIR (Delhi) 124, 'Yapi Kredi Bank (Deutschland) AG versus
Ashok K. Chauhan and ors.' 2013(2) BC 460, 'State of Haryana and others
versus Gurcharan Singh Bhutani' 2011(1) Land L.R. 181, 'Smt. Sipra
Bhowmik and another versus Soumendra Ch. Saha and Ors.' 2013(2) AICJ
282, 'National Insurance Co. Ltd. Versus Sivabakkiyam (Deceased) and
others' 2018(2) T.N.M.A.C. 355, 'H.S. Gambhir and anr. Versus Vam Dev
Sharda and ors' Law Finder Doc ID # 45936, 'Smt. Ram Ashari and others
veresus H.R.T.C. and another' Law Finder Doc ID # 83233, 'A. Nawab John
and others versus V.N. Subramaniyam' 2012(4) ALL MR 481 are clearly
distinguishable due to different facts. In 'M.Veerappa Versus Evelya
Sequeria and others' (supra) the plaintiff herself had suffered injuries. In that
case the suit was founded on torts. In this case Swaran Kaur mother of Daler
PARVINDER SINGH
2023.04.12 17:01
I attest to the accuracy and
integrity of this order/judgment
Chandigarh
CR No. 487 of 2016 4 2023:PHHC:050238
Singh who had been murdered had filed the suit seeking compensation for
the wrongful act of murder said to have been committed by defendants. Such
type of suit is on the similar lines of a claim petition under Section 166 of
the Motor Vehicle Act, 1988 wherein legal representatives of victim of a
road side accident have a right to file a claim petition and get compensation.
The persons who are dependent upon income of the deceased though may
not be Class -I legal heirs have got a right to maintain such claim petition
and if a claim petition is brought by a victim of road side accident and he
dies during pendency of the petition his/her legal representatives have got a
right to pursue the claim petition and get compensation. It would be too
harsh of a view if the suit is dismissed in such a manner rejecting the
application moved by son of deceased plaintiff who is none else but real
brother of victim Daler Singh to be brought on record. The judgments
referred to by learned counsel for respondents are not applicable due to
different facts and circumstances and context in which such observations
had been made. With death of Daler Singh pecuniary loss was not only
caused to his mother but to other close relatives like brothers, sisters etc. The
defendants cannot be allowed to go scot free by default by dismissing the
suit in such a manner. Besides facing the criminal action the defendants are
certainly liable to pay damages for committing wrongful act of murder of
Daler Singh and merely because his mother who is Class-I heir has died
during pendency of the suit that does not mean that their liability to pay
compensation thus comes to an end. In that way the order passed by the trial
Court is perverse and arbitrary and it cannot stand judicial scrutiny.
Therefore, the same deserves to be set aside by way of acceptance of
revision petition.
PARVINDER SINGH
2023.04.12 17:01
I attest to the accuracy and
integrity of this order/judgment
Chandigarh
CR No. 487 of 2016 5 2023:PHHC:050238
7. The revision petition is accordingly allowed. The order under
revision is set aside and matter is remanded back to the trial Court with a
direction to permit Sahib Singh legal representative of deceased plaintiff to
come on record and then proceed further with the suit from the stage when it
was ordered to abate vide impugned order. The parties through counsel are
directed to appear before the trial Court on 25.4.2023.
(H.S. MADAAN)
JUDGE
April 11, 2023
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
PARVINDER SINGH
2023.04.12 17:01
I attest to the accuracy and
integrity of this order/judgment
Chandigarh
