IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1251 of 2009 (O&M) Date of Decision: March 06, 2009 Naib Singh …. Petitioner Versus Paramjit Kaur and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Parminder Singh-I, Advocate, for the petitioner. **** S.D. Anand, J. C.M. No. 5651-CII of 2009 Allowed, as prayed for. C.R. No. 1251 of 2009 The impugned civil cause was initiated by deceased – plaintiff Nahar Singh to claim damages for injuries sustained by him at the hands of the respondent and also for the loss caused to his estate. A plea made by his natural heirs to be brought on record as legal representatives was allowed by the learned Trial Court vide impugned order dated 19.11.2008. In the course of the C.R. No. 1251 of 2009 impugned order, the learned Trial Judge made the following observation in the context:- “The plaintiff claimed the damages to the tune of Rs.2,00,000/- due to the injury inflicted on his head. He also sought the damages of Rs.1,00,000/- on the ground that his wife Paramjit Kaur and son Harjinder Singh could not earn anything as they remained busy in looking after him. Thus, the plaintiff had not only claimed damages for himself, but had also claimed the damages due to the loss of work and earnings of his wife Pritam Kaur and Harjinder Singh. Thus, the plaintiff claimed the recovery of not only the loss to his individual estate but to the loss suffered by estate of his wife and son also. Thus, the cause of action survives on the death of the Nahar Singh to the applicant. Moreover, the suit of the plaintiff is not based on the torts but on the fact that his estate suffered due to the injuries inflicted by the defendant.” In support of the view obtained, the learned Trial Court also relied upon the Apex Court judgment in Tamil Nadu vs. S. Raja Priya and others, PLR 650 and Bhagwati Bai vs. Bablu @ Mukund 2007(1) RCR (Civil) 723. The learned counsel for the petitioner has not been able to invite the attention of this Court to any law to the contrary. Dismissed in limine. March 06, 2009 ( S.D. Anand ) vkd Judge 2