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Report No. 111

6.5. Section 1A, third paragraph.-

Another point concerning section 1A, third paragraph,1 may be mentioned at this stage. In our view, a specific provision to the effect that the damages should be proportionate to the injury is needed, and the present provision may, therefore, be retained. However, we recommend in this paragraph certain verbal improvements and additions which will be apparent from the draft appended, at the end of this Report.2

1. Para. 6.1, supra.

2. See Appendix 1, clause 6(1).

6.6. It is also necessary to make an express provision as a funeral expenses.1

In a Kerala case,2 the following observations occur on the subject:-

"Another head of compensatory damages, that may fall within the scope of section 1A, is the expenditure that the relatives have met for the medical treatment and the funeral of the deceased.

(7) The heads of damages recoverable under section 2 are:

(i) Pain and suffering undergone by the deceased;

(ii) Loss of expectation of life

(iii) Loss of earnings and profits upto the date of death (but not of future earnings);

(iv) Medical and hospital expenses, if incurred;

(v) Funeral expenses, where they have been paid out of the estate of the deceased."

In our view, it would be desirable to make an express provision for funeral expenses.

1. Appendix 1, clause 6(3),

2. Concord of India v. Subramailia Iyer, AIR 1964 Ker 209 (211), para. 7 (Menon and Madhavan Nair, JJ., judgment by Madhavan Nair, J.).



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