Bangkok Legal Service

Death of Plaintiff and Co-Plaintiff Representative’s Claims Against Defendant

Legal illustration: Death of Plaintiff and Co-Plaintiff Representative’s Claims Against Defendant
Legal illustration: Death of Plaintiff and Co-Plaintiff Representative’s Claims Against Defendant

Mr. Pisit, a young man of twenty-five years of age, was killed by Mr. Paisan during a football competition. Mr. Pichit Pisit, representing Mr. Pisit, was the initial plaintiff suing Mr. Paisan for murder with malicious intent, while the investigation was ongoing. It appeared that the investigating officer alleged that Mr. Paisan killed Mr. Pisit intentionally, as stated in the investigative report. Mr. Paisan was subsequently sued, claiming he wished to join as a plaintiff in the case. The court permitted this. Mr. Pichai then petitioned to be a co-plaintiff with the Public Prosecutor, and the court granted his petition. Mr. Pichai was subsequently deceased, and Mr. Pichit, his son and the administrator of the estate, proceeded to represent the estate, requesting to be a co-plaintiff with the Public Prosecutor.

If you were the judge, what order would you issue? Mr. Pichai, acting as a plaintiff suing Mr. Paisan based on his authority as administrator, representing the deceased who was fatally injured pursuant to Section 5(2), had no right to pursue legal action independently of Mr. Pichai, as per the case of 2331/2521.