Judgment Search Results Home > Cases Phrase: fatal accidents act 1855 preamble 1 fatal accidents 1855 Page 1 of about 926 results (0.130 seconds)

Sri P Malappa Vs. The Bengaluru Electricity Supply

Court : Karnataka

..... the relevant provisions of the said act with its preamble are quoted below for ready reference:- the fatal accidents act, 1855 an act to provide compensation to families for loss occasioned by the death of a person caused by ..... the decisions cited at the bar do not appear to have referred to the provisions of the fatal accidents act, 1855, which actually covers the field of such cases of accidents and cause of death, where on the basis of tortuious liability can be fixed on the respondents- electricity ..... nemi chand, air1993mp79 (ii) section 1a of the fatal accidents act, 1855 read with section 110b of the motor vehicles act, 1939 (now see motor vehicles act, date of order 16-10-2017 w.p.nos.54502-506/2015 & connected matters sri.p.malappa & ..... comments (i) under section 1a of the fatal accidents act, 1855, compensation awarded for loss of dependency, worked out by applying the principle of multiplier is a part of damages proportioned to the loss resulting from the death ; ..... this act may be called the fatal accidents act, 1855 ..... he can claim damages either under the fatal accidents act or under, the motor vehicles act; m.l. ..... it is a 4 sections act and including its preamble provides for the compensation where no action or suit is maintainable in any court against a person who by his wrongful act, neglect or default, may have caused the death of ..... the preamble of the said act is that, it is an act to provide compensation to families for loss occasioned by the death of a person caused by .....

ishwar Devi Malik and ors. Vs. Union of India Through the Secretary to ...

Court : Delhi

Reported in : AIR1969Delhi183; ILR1968Delhi59

..... the preamble to the fatal accidents act shows that the said act was enacted in 1855 as it was considered at that time that no action for suit was maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and because it was right and expedient that the wrong doer in such a case should be answerable in ..... (applicants), it has to be remembered that the application for compensation was filed under section 110-a of the motor vehicles act, 1939, and nto under section 1-a of the fatal accidents act, 1855. ..... loss resulting from death to the beneficiaries named in section 1-a while the second, provided for in section 2 of the act, is the compensation for the loss resulting to the estate of the deceased, nto from his death or as a consequence of his death, but resulting from the wrongful act, neglect or default and as a consequence of such act or default decisions under the fatal accidents act have interpreted the loss in both the cases as pecuniary loss. ..... tribunal also held that the appellants (applicants) were, no doubt, also entitled to loss of estate under section 2 of the fatal accidents act, but that in the present case, since it was admitted that the deceased had insurance claim of rs. ..... in other words, the said principles laid down in the decisions under the fatal accidents act may be used or applied if they, in the opinion of the tribunal, would serve as a proper measure of what is just compensation on the .....

Budha Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1981MP151

..... this is also borne out from the preamble of the indian fatal accidents act, 1855:'whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-times right and expedient that the wrongdoer in such case should be answerable ..... this conflict the learned single judge has made a reference for seeking an answer to the question :'whether, apart from the beneficiaries mentioned in section 1a of the fatal accidents act, 1855, who are, also 'legal representatives' of the deceased as contemplated by section 2(11) of the c. p. ..... section 1a of the fatal accidents act, 1855, provides that --'whenever the death of a person shall be caused by wrongful act, neglect or default and the 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, the party ..... it is enacted in section 1a of the fatal accidents act, 1855 :'.........every such action or suit 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 ..... a division bench of the punjab high court, which decided the appeal, held that in view of the provisions of the fatal accidents act, the application filed by the widow was essentially a claim on behalf of all the representatives of the deceased and that there was no justification to exclude the .....

Satbir Singh and anr. Vs. Suraj Ram

Court : Delhi

Reported in : [1983]54CompCas348(Delhi); 20(1981)DLT91

..... (6) since no action was maintainable against a person who) by his wrongful act, neglect or default caused the death of another person ; preamble to the fatal accidents act, 1855, it was enacted by this act that where the aforesaid 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, an action may be biought by the executor, administrator or representative of the deceased ..... the wife, husband, father, mother, grandfather, grand-mother, son, daughter, grandson, grand-daughter, stepson and step-daughter, damages in proportionto the loss resulting from death to them (see also english fatal accidents act 1846 to 1908 and 1976); and (2)any pecuniary loss to the estate of the deceased which if recovered shall form part of the estate (also see the english law reforms (misc. ..... the position was somewhat improved in toff vale (supra) where it was held that it is not a condition precedent to the maintenance of an action under the fatal accidents act 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 ..... tribunal held that the age of the deceased at the time of the accident was 22 years and that of the father of the petitioner was 41 ..... is directed against the order of the motor accidents claims tribunal, dated september 26, 1980. .....

Shiam NaraIn Tikkoo and ors. Vs. the Bombay Baroda and Central India R ...

Court : Allahabad

Reported in : AIR1919All419; (1919)ILR61All488

..... plaintiffs and the company and no contract entered into by the company with the plaintiffs to carry this lady, and a suit, so far as relates to her death, is a suit based upon tort and on the provisions of the fatal accidents act of 1855, and cannot, we think, be said to be based on contract. ..... 1, is the fatal accidents act of 1855. ..... earlier of these two cases a mother sued for damages on the allegation that she, accompanied by her infant child, who was under three years of age, was travelling on the defendant company's railway when the accident happened whereby the child was injured. ..... the preamble of that act is as follows: 'whereas no action or suit is now maintainable in any court against a person who by his wrongful act, neglect or default may have caused the death of another person and it is oftentimes right and expedient that the wrong doer in such case should be answerable in damages for the injury so caused by him. .....

Pandit Shiam NaraIn Tickoo and ors. Vs. the B.B. and C.i. Railway Thro ...

Court : Allahabad

Reported in : 50Ind.Cas.130

..... 1 is under the fatal accidents act of 1855, the preamble of that act is as follows:whereas no action or suit is now maintainable hi any court against a person who, by his wrongful act, neglect, or default, may have caused the death of another person and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him.... ..... plaintiffs and the company and no contract entered into by the company with the plaintiffs to carry this lady, and a suit so far as relates to her death is a suit based upon tort and on the provisions of the fatal accidents act of 1855, and cannot we think be said to be based on contract. ..... earlier of these two case a mother sued for damages on the allegation that she accompanied by her infant child, who was under three years of age, was travelling on the defendant company's railway when the accident happened whereby the child was injured. .....

Bhagat Singh and Vs. Om Sharma and ors.

Court : Punjab and Haryana

Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)

..... in india as in england the legal position was the same, following the english common law till the passing of the fatal accidents act (act 13 of 1855) as is evident from the preamble thereof :--'whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-times right and expedient that the wrongdoer in such cases should be answerable in damages for the injury so caused by him. ..... even if we assume (we do not propose to decide that question in this case) that compensation under that provision has to be fixed on the some basis as is required to be done under fatal accidents act, 1855(act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly a conjecture ................. ..... there is, however, no inherent or headlong conflict betwixt the principles underlying the grant of damages under the fatal accidents act and compensation under the act and on sound canons of interpretation, the two statutes can be harmoniously construed. ..... 2 91) :--'in assessing damages in respect of a person's death in any action under the fatal accidents act, 1846, or under the carriage by air act, 1932, there shall not be taken into account any insurance money, benefit, pension or gratuity which has been or will or may be paid as a result of the death. .....

Jagannath Singh and anr. Vs. Pragi Kunwar and ors.

Court : Allahabad

Reported in : AIR1949All448

..... the intention of the legislature in enacting the fatal accidents act, 1855, was 'to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong,' that is to say, if 'by actionable wrong' the death of any person was caused and his family had suffered 'loss' on account of ..... the trial court had pointed out that the suit was maintainable under the fatal accidents act (xiii [13] of 1855). ..... the learned counsel for the appellants has invited my attention to the english law on the subject; but in face of the clear provisions of the fatal accidents act, it is not necessary to refer to the english law on the subject.11. ..... the appellants' learned counsel has contended that the remedy provided by the act must be confined to an action for the injury caused to the deceased and in respect of which he could have maintained an action in case he had survived; but the intention of the legislature was to provide an independent remedy by way of compensation ..... is now maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-time right and expedient that the wrong-doer in such case should be answerable in damages for the injury so caused by him.consequently, the wrong doer could be 'answerable in damages for the injury' caused by his wrongful act, which caused death, to the per-son entitled to put forward ..... the preamble makes the intention further clear. .....

Smt. Maya Rani Ghosh Etc. Vs. State of Tripura and ors.

Court : Guwahati

..... can a claim for compensation, under the fatal accidents act, 1855, (in short, 'the act of 1855') be made by making a mere application, in the court of district judge, within whose territorial jurisdiction the cause of 'action' has arisen or whether such a claim for compensation has to be made by instituting a 'suit' in a court of competent jurisdiction or is the ..... we also notice that the preamble of the act of 1855 reads as follows:preamble - whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect, or default, may have caused the death of another person, and it is often-times right and expedient that the wrong-doer in such case should be answerable in damages for the injury so caused by him.24. ..... the preamble, thus, shows that prior to the enactment of the act of 1855, the legal representatives of a person, who died, as a result of a wrongful act, neglect or default, had no remedy to seek damages from the wrong-doer. ..... in the backdrop of the history of absence of legally available right to receive damages from the wrong-doer by the legal representatives of a person, who had died of an actionable wrong, when one considers the preamble of the act of 1855, it becomes abundantly clear that in order to make a wrongdoer statutorily liable to pay damages for the wrongful act, neglect or default, the act of 1855 was brought into existence.29. .....

State of M.P. Vs. Pehlajrai Dwarkadas and anr.

Court : Madhya Pradesh

Reported in : AIR1976MP208

..... the sections do not enter the field of the law of liability which still remains to be governed by the ordinary law of torts and the fatal accidents act, 1855 and it is for this reason that the sections do not refer to them at all. ..... the fatal accidents act, 1855, was enacted to porvide for 'compensation' to families for loss occasioned by the death of a person caused by actionable wrong. ..... ' (para 3)the division bench clearly held that the liability for compensation in all such oases continues to be governed by the ordinary law of torts and the fatal accidents act, 1855. ..... 'in our opinion a claims tribunal inquiring into a claim for a compensation under section 110-b of the motor vehicles act in respect of a fatal accident arising outof the use of a motor vehicle is bound to apply the law as contained in the fatal accidents act, for example it cannotaward compensation unless the death was caused by wrongful act, neglect or default..... ..... -- (reported in air 1976 sc 237) their lordships of the supreme court had occasion to decide the effect of section 110-f of the motor vehicles act in a case where the tribunal was constituted after the date of the accident when the limitation prescribed for filing a claim under section 110-a of the act had expired but the ordinary limitation for a civil suit was still available and the suit till then had not been ..... : the preamble shows that the words 'damages' and 'compensation' are used as interchangeable words having the same meaning. .....