Report No. 111

1.10. Two interests violated.-

At this stage, it should be mentioned that when a tort causes death, two interests have been invaded1:-

(i) The first is the interest of the deceased in the security of his person and propert.- an interest which has been invaded by compelling him to endure a suffering and to submit to the loss of earnings. If the recovering of compensation for invasion of this interest is allowed, the amount to be recovered should really be an asset of the estate. It is to be calculated on the ham caused

(ii) The second interest invaded is that of the relatives of the decease.- an interest in the nature of an expectation their anticipation of sharing in the prospective earnings of the victim is necessarily destroyed by the termination of the life of the victim itself. The amount to be recovered under this head is not an asset of the estate. Interest of the first type can be protected only if there is provision for survival of the cause of action which had accrued to the deceased before his death.2

A statute in the nature of Fatal Accidents Act would protect only the second type of interest.3

1. See Note in (1915) 28 Harvard Law Review 802.

. See Note in (1915) 38 Harvard Law Review 902.

3. See also para. 1.3, supra.