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Report No. 85

9.6. Position under Fatal Accidents Act.-

In the Fatal Accidents Act,1 the working is slightly different. That Act provides that an action or a suit for damages in respect of the death of a person caused by the wrongful act, neglect or default of another person shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or "representative" of the person deceased. The Act further2 provides that no more than one suit or action shall be brought for, and in respect of, the same subject-matter of complaint.

1. Section 1A, Fatal Accidents Act, 1855 (13 of 1855).

2. Section 2, Fatal Accidents Act, 1855, and proviso.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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