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Report No. 111

3. Right of suit for wrongful death.-

If the death of a person has been caused by any wrongful act, neglect or default, which is such as would (if death had not caused), have entitled the * injured to maintain a suit and recover damages in respect thereof, the person who would have been liable if death had not caused, shall be liable to a suit for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances amounting in law to culpable homicide or to any other offence.1-2

1. The existing words "felony or other crimes" in sections 11 have become inappropriate. Hence the changed wording.

2. See para. 4.6.

The Fatal Accidents Act, 1855 Back

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