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H.P. Road Transport Corporation Vs. Pt. Jai Ram and Etc. Etc.

Court : Himachal Pradesh

Reported in : AIR1980HP16

..... lord campbell's act (english fatal accidents acts 9 and 10), and (2) english ..... provision, the ratio of the above referred two decisions of the supreme court would at once be attracted, and this court being seized of an appellate jurisdiction conferred by section 110-d of the motor vehicles act, it has to exercise that jurisdiction in the same manner in which it exercises its other appellate jurisdiction allowing the respondents in such appeals to prefer cross-objections.41. the learned chief justice has referred to ..... widow, acceleration of the interest of the dependents due to the death of the deceased, advantage of getting the compensation immediately in lump sum, are separately discounted involving various complications in calculations, in the method suggested by lord wright this is worked out by selecting a suitable multiplier of a certain number of years' purchase, all these different categories of possibilities resulting in different types of deductions are not required to be separately calculated as they ..... mode and method of calculating compensation under section 1-a and section 2 of our fatal accidents act, help of the english decisions on the subject can be freely taken and adopted to suit our peculiar problems.8 ..... accidents act are based on two english statutes ..... english decision on this point is one given by the house of lords ..... 'though lord wright has not elaborated his method in any further details, subsequent decisions of the english courts as well as the indian courts show that .....

Laxmanrao Madhavrao Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1979Bom276; 1979MhLJ357

..... such a fiction appears to have been assumed in existence, in terms of, what, is known as lord campbell's english act entitling a child in the womb to compensation for loss of the life of his father in a motor accident before his birth but after his conception ..... this is what the statement of the object of the bill of the original act of 1961 and the report of the planning commission panel, on land reforms, seem to have indicated ..... savant, the learned advocate for the petitioner, submits that, enlarging of ceiling area, under section 6 of the act is aimed at, providing means of sustenance for larger families of more than five. ..... this cannot be said true of the law, such as this act, which does not expressly extend such recognition. ..... at any rate, there is nothing in the act to so indicate nor there is any rational basis for the same ..... the legislative scheme under the act however proceeds on the hypothesis of its being implemented notion-ally on the appointed day itself, making it impossible to readjust claims arising out of subsequent increase ordecrease in the family strength ..... the first schedule of the act prescribes the ceiling area for each district depending on as to which class the land belongs ..... , the needs of the family according to its strength as on the appointed day alone is relevant under the scheme of the act including section 6 thereof. ..... accounts partly for the reduction of ceiling area from what it was under the original act of 1961, what now is under the amended act of 1975.6. .....

Prataprai Arjandas Dhameja and anr. Vs. Bhupatsing Gagji (by Lrs.) and ...

Court : Gujarat

Reported in : AIR1982Guj72; (1982)1GLR437

..... to be awarded to a dependant of a victim of a fatal accident must take into account any pecuniary benefit accrued to that dependant in consequence at the death, in the absence of my statutory direction to the contrarysince our act, the fatal accidents act, 1855, is indisputably founded on lord campbell's act, the aforesaid general rule, argued counsel, must guide us in the matter of assessment of compensation payable to the legal representatives of the deceased.20. ..... 159 and 160 of 1968 were fully conscious of the distinction made by english courts on this count; but while dealing with the question of determination of just compensation they bore in mind the legislative policy in amending lord campbell's act in 1908 and, thereafter and ultimately extended, the principle of justice equity and good conscience relied upon in bradburn's case (1874-80 all er 195) and endorsed ..... requires us to consider whether the correct principle which should guide the courts in the matter of determination of compensation in cases arising out of fatal accidents would be as laid down by english courts under lord campbell's act prior to its amendment in 1908 since our law is modelled on lord campbell's act, the fatal accidents act 1846. mr. ..... feature, as pointed out by english courts that in personal injury cases these were collateral benefits unlike in fatal accident cases which were governed on the language of lord, campbell's act, has been criticised by p. ..... by english courts under lord campbell's act. .....

R. Ayyavu and anr. Vs. Gopinathan Nair and anr.

Court : Kerala

Reported in : 1991ACJ718

..... statutes follow the english fatal accidents act, 1846 known as lord campbell's act. ..... now the english rule is based on lord campbell's statute as ..... it is said that limitations made on lord campbell's act, 1846 was really a judicial legislation, quite unwarranted by the language of the statute, but it became established ..... in short, the aim is to reach a fair balance neither too much nor too little but the golden mean.lord halsbury, lc, said in the mediana (1900) ac 113, thus:of course, the whole region of inquiry into damages is one of extreme ..... jenkins 1913 ac 1, observed that it is not a condition precedent to the maintenance of an action under the fatal accidents act, 1846, that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of the death provided that the plaintiff had a reasonable expectation of ..... in 1982, the english act of 1846 was amended ..... even before the amendment by section 3 of the administration of justice act, 1982, dealing with the fatal accidents act, 1846, the judicial committee of the privy council in taff vale railway co. ..... since the time the act was introduced by lord chancellor, it was considered as a 'wrongful death statute' which gave a new and independent right of action to certain near relatives of the ..... is also a lamentable fait accompli if we examine english decisions that 'financial loss' was interpreted very strictly and it led to certain amendments to the act.14. .....

Michigan Central R. Co. Vs. Vreeland

Court : US Supreme Court

..... after a review of all the english cases construing the act of lord campbell: "that there is through them all the same principles of construction applied ..... for convenience in comparing lord campbell's act with the act of congress of 1908, the first and second sections of the former are set out ..... for pecuniary damage only, and the statute should be construed in this respect as lord campbell's act has been construed, page 227 u. s. ..... " did not appear in lord campbell's act, nor does it appear in our act of 1908. ..... that, in respect of state legislation prescribing the liability of such carriers for injuries to their employees while engaged in interstate commerce, this act is paramount and exclusive, and must remain so until congress shall again remit the subject to the reserved police power of the states. ..... lord campbell's act. ..... statute, in giving an action for the benefit of certain members of the family of the decedent, is essentially identical with the first act which ever provided for a cause of action arising out of the death of a human being -- that of 9 and 10 vict. ..... the party claiming was held to be entitled or not to be entitled, the scale of compensation acted upon by the jury was approved or disapproved, in view of the immediate circumstances; but in no case has it been attempted to decide by anticipation what are the limits beyond which the benefit of the ..... bolton, 1 campbell 493, lord ellenborough ruled that, "in a civil court, the death of a human being could not be complained of .....

Patel Hirabhai Chhaganlal and anr. Vs. Gujarat State Road Transport Co ...

Court : Gujarat

Reported in : AIR1981Guj226; (1981)0GLR549

..... 1a of the fatal accidents act, 1855, which is in substance a reproduction of the english fatal accidents acts (known as the lord campbell's acts), damages are to be based on the reasonable expectation of pecuniary benefit or benefit reducible to money value. ..... in view of the fact that section 1a of our fatal accidents act and the relevant provisions of lord campbell's acts are moulded on the same lines, decisions of english courts are relevant while considering a claim for compensation under section 1a of our fatal accidents act. ..... in england it is well settled that in an action under the campbell's acts the damages recoverable are not limited to the value of money lost, or the money value of things lost, but includes monetary loss incurred by replacing services rendered gratuitously by the deceased where there was a reasonable .....

Glona Vs. American Guar. and Liab. Ins. Co.

Court : US Supreme Court

..... [ footnote 2/2 ] an english statute, lord campbell's act, 9 & 10 vict., c. ..... this is merely an application of the principle that statutes patterned after lord campbell's act which use the word 'kin' mean legitimate kin, and that, where such statutes say 'father' or 'mother,' 'children,' 'brothers' or 'sisters,' they mean only legitimate father, mother, children, brothers or sisters." s. ..... " it is noteworthy that english and canadian courts held the words "child" and "parent" to exclude illegitimate relationships. ..... 93 (1846), "has served as the model for similar acts in most of the states in this country." f. ..... [ footnote 8 ] if the illegitimate son were killed in an industrial accident at his place of employment, the mother would be eligible for recovery under the louisiana workmen's compensation act, if she were a dependent of his. ..... tug shrike, 332 f.2d 330, the fourth circuit looked to virginia law to determine whether the plaintiff was a "widow" entitled to bring suit under the jones act, 41 stat. ..... 570 , arising under the copyright act, 61 stat. ..... 489 , arising under the federal employers' liability act, 35 stat. ..... tiffany, death by wrongful act 5 (2d ed. .....

K. Velunni and ors. Vs. Premalatha and ors.

Court : Kerala

Reported in : II(1989)ACC593

..... the tribunal is free to follow any procedure which it considers expedient in he interest of justice so long as the procedure is not inconsistent with the rules of natural justice and does not contravene the provisions of the act or the rules, in order to do justice for which it has been constituted, the tribunal would have power to apply the principles underlined in the provisions of the code of civil procedure, even though not rendered specifically ..... the indian fatal accidents act is almost a replica of the english statute known as lord campbell's act. ..... proviso (ii) is attracted to the motorcycle involved in this case and it must follow that the act policy in this case is not required to cover liability in respect of the pillion rider. ..... in paragraph 13, the court observed that damages under section 1a of the act must be limited strictly to the pecuniary loss to the beneficiaries and that under section 2, the measure of damages is the economic loss sustained by the ..... representing the legal representatives of mohandas rebutted this contention and argued that the driver or his legal representatives are not necessary parties as the liability under the relevant provisions of the motor vehicles act is basically that of the owner, placing reliance on the decisions in k. ..... the house of lords held that a married woman whose husband is injured by negligent act or omission of the defendant has no right of action against the negligent person in respect of impairment or loss of consortium .....

Chandrakanta Jayrambhai AmIn and anr. Vs. PravIn Mangaldas and ors.

Court : Gujarat

Reported in : AIR1975Guj142

..... principles laid down by the house of lords for assessment of compensation, under fatal accidents act, known as 'lord campbell's act' and also under the english law reform (miscellaneous provisions) act, 1934, the court laid down as under in paragraph 14 of its judgment at page 380:-' the, law on the point arising for decision may be summed up thus: compulsory damages under section 1-a of the act for wrongful death must be limited strictly ..... and at the end of the period would be exhausted while paying the dependants the annual benefits, has been illustrated by lord pearson in his speech in (1970), 1 all er 365 which reads as under:- 'the fund of damages is not ..... in practice, and depends in some measure on the expertise of judges accustomed to try these cases ...........lord morris of borth-y-gest in his speech observed as under:- 'the learned judge was disposed in the present ..... for the disengages in sum of rupees 30,000 under the fatal accidents claims act by the tribunal of baroda, which passed the award of compensation on july ..... all other possibilities and chances are taken into account and in practice lord wright's method is applied by fixing a basic sum of annual dependency and multiplying it by an appropriate multiplier .............therefore, even though viscount simon in nance's case, contemplates multiplication of the amount of ..... the two famous english decisions which are taken as guide lines and which are held to reiterate the same rule are those of lord wright in davies .....

The State of Mysore Vs. Gowri Vithal Deshbhandari and ors.

Court : Karnataka

Reported in : AIR1964Kant113; AIR1964Mys113

..... the indian fatal accidents act, 1855, is in pari materia with the english fatal accidents acts, known as the lord campbell's acts.english courts had laid down that damages in actions under the fatal accidents acts are such as the jury think proportionate to the injury resulting from the death to the parties for whose benefit the action is brought. ..... for a suit to be brought for the, benefit of the wife, husband, parent and child, if any,--of the person whose death has been caused by wrongful act, neglect or default of the party sued and that in every such action the court may give such damages as it may think proportionate to the loss resulting, from such death to the parties respectively, for whom ..... the plaintiffs brought the suit, out of which this appeal arose, under section 1-a of; the fatal accidents act, 1855 (act xiii of 1855) on their own behalf and on behalf of the defendants 3 and 4, the parents of the deceased, on the ground that vithal laxman deshbhandari's death was caused by the negligence, of the second defendant, for which ..... 15,000/- under the fatal accidents act and the suit was instituted on 11-7-1955. ..... veluswami, : [1962]1scr929 , has accepted the principles governing the assessment of the quantum of damages as laid down by the house of lords in davies v. ..... lord wright in 1942 ac 601, said:'the starting point is the amount of wages which the deceased was earning the ascertainment of which to some extent may depend on the regularity of his employment. .....