The Fatal Accidents Act, 1855
The Fatal Accidents Act, 1855 – Overview
The Fatal Accidents Act, 1855 was enacted to provide compensation to relatives of a person whose death was caused by the wrongful act, neglect, or default of another. Prior to this Act, under common law, if a person died due to someone else’s negligence, their dependents could not claim damages, as the right to claim damages was considered personal and extinguished upon death. This Act created a statutory right for the relatives to claim compensation.
Key Provisions of the Act
Right to Compensation:
If a person dies due to wrongful act, neglect, or default, the legal representatives or dependents of the deceased are entitled to monetary compensation.
Who Can Claim:
Typically, the wife, husband, children, parents, or other dependents of the deceased can claim damages.
Basis of Compensation:
Compensation is assessed based on:
The loss of financial support the deceased would have provided.
The actual pecuniary loss suffered by the dependents.
The Act does not allow for pain and suffering compensation, as the deceased has already died.
Liability of Wrongdoer:
The person responsible for causing the death through wrongful act or negligence is liable to pay damages to the dependents.
Legal Principles under the Act
Negligence is Sufficient:
Liability arises not only from intentional acts but also from negligent acts that cause death.
Causation:
There must be a direct causal link between the wrongful act/neglect and the death of the deceased.
Dependence:
The claimant must prove dependency on the deceased for financial support.
No Punitive Damages:
The Act provides compensation for financial loss only, not for punishment of the wrongdoer.
Important Case Laws
Ratanlal v. State of Bombay (AIR 1951 Bom 45)
Facts: A man died in a road accident caused by a negligent driver.
Principle: The dependents of the deceased were entitled to claim compensation under the Fatal Accidents Act for the loss of support.
East India Transport v. Kalimohan (AIR 1954 Cal 1034)
Facts: Employer’s negligence led to death of an employee.
Principle: The employer was held liable to pay damages to the employee’s legal representatives.
John v. Sheppard (1856)
Facts: Established that compensation under this Act is for pecuniary loss and not for the deceased’s pain or mental suffering.
Significance of the Act
Protection of Dependents:
Provided legal remedy to dependents who were otherwise left without compensation.
Foundation for Later Laws:
The principles laid down in this Act influenced the Workmen’s Compensation Act, 1923 and Motor Vehicles Act, 1988.
Recognition of Negligence:
The Act formally recognized negligence causing death as actionable for the benefit of dependents.
Summary Table
| Aspect | Key Points |
|---|---|
| Act Enacted | 1855 |
| Purpose | Compensation to dependents for wrongful death |
| Who Can Claim | Wife, husband, children, parents, or dependents |
| Basis of Compensation | Pecuniary loss, not pain & suffering |
| Liability | Wrongful act, neglect, or default |
| Legal Principle | Dependents can claim; causal link required; negligence is sufficient |
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