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Report No. 111

1.8. Indian Act of 1855.-

After the English Fatal Accidents Act was enacted in 1845, the Indian legislators followed suit in 1855. The Fatal Accidents Act, 1855, which is the subject matter of this study, provides that on the death of a person caused by the "wrongful act, neglect or default" of another person, the personal representative of the deceased can maintain an action for damages on behalf of the wife, husband, parent or child of the deceased, if "the wrongful act, neglect or default" is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof.



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