Punjab and Haryana High Court Allows Suit to Proceed Despite Plaintiff's Death, Holds Liability for Damages Continues

On 11 April 2023 , In a significant ruling, the Punjab and Haryana High Court, presided over by Justice H.S. Madaan, has set aside an order of the trial court that dismissed an application for impleading the legal representatives of a deceased plaintiff. The court held that the suit, seeking damages for the murder of the plaintiff's son, should not be dismissed merely due to the death of the plaintiff. It further emphasized that the liability of the defendants to pay compensation for the wrongful act of murder continues even after the death of the plaintiff.

The Punjab and Haryana High Court has delivered a noteworthy judgment in the case of Swaran Kaur through LR v. Charanjit Singh @ Rinku and others, CR No. 487 of 2016. The court allowed the suit to proceed despite the death of the plaintiff, holding that the liability of the defendants to pay compensation for the wrongful act of murder continues.

The case pertained to a suit filed by Swaran Kaur, seeking damages for the murder of her son allegedly committed by the defendants. During the pendency of the suit, Swaran Kaur passed away, and her legal heir/son, Sahib Singh, filed an application to be impleaded as the legal representative of the deceased. However, the trial court had dismissed the application, stating that the suit abated on the death of the plaintiff.

Justice H.S. Madaan, analyzing the relevant judgments cited by the parties, distinguished them from the present case. The court noted that the judgments cited by the respondents were inapplicable due to different facts and circumstances. The court highlighted that the suit should not be dismissed solely on the basis of the plaintiff's death, as the liability of the defendants to pay compensation for the wrongful act of murder persists. The court further explained that the claim for compensation in this case is similar to a claim petition under Section 166 of the Motor Vehicle Act, where the legal representatives of a victim have the right to pursue the claim even after the victim's death.

The court found the trial court's order dismissing the application to be perverse and arbitrary. Accordingly, the order was set aside, and the matter was remanded back to the trial court. The trial court was directed to permit Sahib Singh, the legal representative of the deceased plaintiff, to be impleaded and proceed with the suit from the stage when it was ordered to abate. The court also instructed the parties to appear before the trial court.

D.D-11.Apr.23

Swaran Kaur through LR v. Charanjit Singh @ Rinku and others