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Report No. 111

5.2. Relatives entitled to compensation.-

As to the first matter (relatives entitled to compensation), the provision at present is limited to the wife, husband, parent and child prima facie, this seems to be too narrow a circle. In this context, it should be noted that the category of relatives has been expanded in England. As the law in England now stands,1 it includes-

(a) the wife, husband,2 parent and child;3

(b) any person who is, or who is the issue of, a brother, sister, uncle or aunt of the deceased person.4

(The expressions "parent" and "child" are defined in a wide manner, both in England and in India).

1. Fatal Accidents Act, 1976 (English).

2. Also a divorced spouse; see para. 5.7, infra.

3. Sections 1(5), Fatal Accident Act, 1976 (English).

4. Section 1(3), Fatal Accidents Act, 1976 (English).

The Fatal Accidents Act, 1855 Back

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