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Report No. 111

The Fatal Accidents Act, 1855

Contents
Chapter I Introductory
1.1 Why the Act taken up
2. Judicial criticism
3. Effect of death on causes of actions-two aspects
4. Common Law rule as to death
5. History of the rule disallowing recovery for fatal accident
6. Common Law rule indefensible
7. English Act of 1845
8. Indian Act of 1855
9. History of legislative proceedings
10. Two interests violated
11. Felonious tort
12. Working Paper
Chapter II Law in England and in other Countries
2.1. Reforms in England
2. Some salient features of the position in England
3. English Act of 1982
4. Law in other commonwealth countries
5. Position in U.S.A
6. Scottish Law as to solatium
7. Civil Law countries
Chapter III Title, Extent and Application: Section 1
3.1. Introduction
2. Extent and Application-recommendation
Chapter IV Right to Compensation: Section 1A, First Paragraph
4.1. Section 1A, first paragraph
2,3. Suit dependent on maintainability of conditions
4. Australian case
5. Connection
6. Verbal changes in section 1A, first paragraph-Recommendation
Chapter V Relatives Entitled to Compensation: Section 1A, Second Paragraph
5.1 Section 1A, second paragraph-relatives entitled to compensation
2. Relatives entitled to compensation
3. Illegitimate and adopted children-position in England
4,5. Scope of relatives entitled to compensation-proposal for extension
6,7. Relatives in the womb-Proposal
8. Suit in the name of the executor, administrator or representative
9. Suit by beneficiaries-proposal
10. Payment into court-proposal
Chapter VI Damages: Section 1A, Third Paragraph
6.1,2. Section 1A, third paragraph
3,4. Tangible and intangible interests
5,6. Section 1A, third paragraph
7. Apportionment-recommendation
Chapter VII Widow's Re-Marriage
7.1. The question for consideration
2. Position where widow has re-married
3. Prospects of re-marriage of widow
4. Comment in a Delhi case
5. English Law
6. Reform in England
7. Resent provision in England
8. Debate in House of Lords
9. Criticism of the English Act
10. Salmond's view
11. Commission's view as to the re-marrying widow
12. Recommendation regarding re-marriage of widow
Chapter VIII Multiplicity of Suits: Section 2
8.1. Section 2, first part
2. Section 2, first part-recommendation for minor verbal changes
3. Section 2, second part-minor verbal change needed
4,5 Analysis by Supreme Court
6. Verbal changes recommended
Chapter IX Procedure: Section 3
9.1. Section 3-amendment proposed
2. Amendment of section 3 proposed
3. Particulars to be given
4. Affidavit
5. Determination of questions
6. Determination of questions of liability and claim
7. Non-joinder of some beneficiaries
Chapter X Definitions: Section 4
10.1. Section 4-Definition of "Person" to be omitted
2. Definitions of "child" and "parent" to be omitted
3. Definition of "injury" to be added
4. Other provisions by way of interpretation recommended
Chapter XI Deductions from Damages
11.1. Deductions from Damages
2. Deductions from damages not permissible under the English Act of 1976
3. Amendment of 1982 in England
4. Indian case law as to insurance
5. Recommendation as to deductions
6. Comprehensive recommendation
Chapter XII Succession Certificate
12.1. A Kerala case
2. Position where claim based on succession
3. Specific provision not needed
Chapter XIII Comments Received on the working Paper
13.1. Trend of comments
2. Comments in agreement with the working paper
3. Comment regarding quantum of policy
Chapter XIII Revised Act Recommended
14.1. Revised Act recommended, but not with retrospective effect
2. Recommendation in Appendix 1
3. Appendices 2-3
Appendix 1 Draft Bill
The Wrongful Death Bill, 1985
1. Short title, extent, commencement and application
2. Interpretation
3. Right of suit for wrongful death
4. Suit for benefit of relatives
5. Only one suit permissible
6. Damages proportionate to injury
7. Benefits not to be taken into account
8. Claims for loss to the estate
9. Money paid in court
10. Apportionment of compensation
11. Plaint and affidavit
12. Power of court
13. Determination of question of liability before claim
14. Repeal
Appendix 2 Comparative Table Showing the Section of the Existing Act and the Corresponding Clause in the Recommended Draft Bill
Appendix 3 List of Certain Statutory Provisions Providing for Compensation on Death


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