Respondent/complainant (since deceased, now represented by LRs) filed a complaint seeking compensation for alleged medical negligence by petitioner No.2 while conducting surgery. The complainant died during the pendency of the complaint. The LRs were brought on record. Petitioners entered appearance and inter alia took the stand that, since the complainant had died during the pendency of the complaint, the cause of action came to an end. District Forum, without deciding this point, allowed the complaint and directed the petitioner to pay compensation of Rs.83,648/- towards the cost of operation, Rs.1 lakh towards compensation for mental agony and Rs.2,000/- towards litigation costs. Petitioner, being aggrieved filed the appeal before the State Commission, which has been dismissed by the impugned order. Counsel for the petitioner, relying upon a judgement of this Commission in Mrs.Janak Kumari vs. Dr.Balwinder Kaur Nagpal and Anr. [Revision Petition No.2146/2002 decided on 17.1.2003], contends that claim for unliquidated damages for any tortuous liability is a mere right to sue which cannot be transferred. That a personal action dies with the death of the claimaint. We find substance in this submission. Facts of this case are similar to the facts involved in Mrs.Janak Kumari’s case (supra). In the aforesaid case, the complainant had died during the pendency of the complaint. Question arose as to whether the complaint filed by the original complainant could be continued by the legal representatives of the complainant. This Commission answered the question in the negative and held that the complaint filed by the complainant could not be continued by her LRs as personal action dies with the death of the complainant. That claim for unliquidated damages for any tortuous liability is a mere right to sue which cannot be transferred. As, the orders passed by the fora below run counter to the law laid down by this Commission in Janak Kumari’s case (supra), the same is set aside. Revision Petition is allowed and the complaint is dismissed. We direct that if the petitioner has paid any amount to the respondents, the same may not be recovered. | 
