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Report No. 111

7.9. Criticism of the English Act.-

It is obvious that there is need for reform of the law in India. At the same time, it should be pointed out that the English Act1 seems to have gone too far in excluding, from consideration, not merely the prospect of re-marriage, but also the actual re-marriage of the widow.2 To prohibit the court from such an inquiry is to disregard realities. In fact, even in England, the provision as enacted has not been welcomed by everyone. It has been criticised by the English Law Commission3, as also by the Person Commission on Personal Injury.4

1. Section 3(3), Fatal Accidents Act, 1976, as amended in 1982.

2. See para. 7.7, supra.

3. Law Commission of England, Report on Personal Injury Litigation (Law Corn. No. 56).

4. Pearson Commission (Royal Commission on Civil Liabilities and Compensation for Personal Injuries) Report, (1978), Cmd. 7054, para. 411.

The Fatal Accidents Act, 1855 Back

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