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Report No. 152

12.2. General Law.-

Under the general law, primarily the law of torts, compensation in available and can be claimed at the instance of the victim against the person causing death or bodily injury, provided the requirements of civil liability in that regard are satisfied. Leaving aside special enactments, such as the Motor Vehicles Act, 1988, the Workmen's Compensation Act, 1923 and the Public Liability Insurance Act, 1991, the matter is basically governed by the principles of the law of torts as modified or supplemented by relevant legislation.

In the case of wrongful death, it is the fatal Accidents Act, 1855 which becomes applicable in general. The Act essentially deals with, what may be called, "wrongful death", an aspect amply indicated by the convenient and concise phrase "wrongful act, neglect or default". We need not enter into details of the content of the Act for the present purpose but it will suffice to note that the Act is referred to specifically in section 357(1)(c) of the Code of Criminal Procedure, 1973.



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