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Report No. 111

Chapter VI

Damages: Section 1A, Third Paragraph

6.1. Section 1A, third paragraph.-

We can now come to the question of damages. The third paragraph of section 1A of the Act of 1855 reads as under:-

"and in every such action the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought, and the amounts recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares as the Court by the judgement or decree shall direct."

6.2. It will be noticed that under section 1A, third paragraph,1 damages are to be proportioned to the "loss resulting from death to the parties respectively", for whom and for whose benefit the action shall be brought. The nature of the 'loss' to be compensated is not described in the above provision (nor in the corresponding provision in the English Act). The question, therefore, naturally arises-what is the nature of the loss to be compensated? The answer to this question depends on the view which one takes with reference to a deeper question, namely, what ought to be the conception of the law as regards the interests of the dependants? Having laid down that survivors interested in a man's life should be compensated for the injury which they sustain from the wrongful act causing his death, the law must also answer the questio.- in respect of which interests (of the dependants) ought the compensation to be provided?

1. Para. 6.1, supra.

The Fatal Accidents Act, 1855 Back

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