Q: Elaborate the legal maxim Actio personalis moritur cum persona ?

Ans: ' Actio personalis moritur cum persona ' means a personal right of action dies with the person.

In the case of Nurani Jamal & Ors v. Naran Srinivasa Rao & Ors (1993), the applicability of this maxim in the context of motor vehicle accidents was discussed in front of the Andhra Pradesh High Court. The single bench judge was confronted with questions like whether the claims for the damages survive even after the death or injury during a motor vehicle accident as well as if legal representatives can take any action if there happens to be a loss to the property of the deceased. The Court stated that the actions for damage claiming for personal injuries shall not die with the deceased person.


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