Report No. 111

Chapter IV

Right to Compensation: Section 1A, First Paragraph

4.1. Section 1A, first paragraph.-

Section 1A is the principal operative section in the Act, and enables a suit to be filed for loss occasioned by death. The suit can be filed by the specified relatives there are also a few other matters of detail, dealt within the section. It will be convenient to deal with the various paragraphs of the section one by one. The first paragraph of section 1 enacts as under:-

"1A. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect default is and such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime".