Damages Under the Fatal Accidents Act

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    DAMAGES UNDER THE FATAL ACCIDENTS ACT , 1855

    In case of fatal accident, the dependents of the deceased are

    entitled to compensation under the indian fatal accidents act ,1855. Section 1-A of the act provides under :

    “suit for compes!tio to t"e f!mi#$ of ! perso for #oss

    occ!sioe% to it &$ "is %e!t" !ctio!e 'ro()* whenever

    the death of a person shall be caused b wron!ful act , ne!lect or

    default , and the act , ne!lect or default is such as would "if death

    has not ensued# have entitled the part in$ured to maintain an

    action and recover dama!es in respect , thereof, the part who

    would have been liable if the death had not ensued shall be liable

    for an action or suit for dama!es, not withstandin! the death of

    the person in$ured, and althou!h the death shall have been

    caused under such circumstances as amount in law to felon or

    other crime.ever such action shall be for the bene%t of the

    wife,husband,parent and child , if an, of the person whose death

    shall have been cuased, and shall be brou!ht b and in the name

    of the e&ecutor, adminintrator or representive of the person

    deceased , and in ever such action the court ma !ive such

    dama!es as it ma thin' proportioned to the loss resultin! from

    such death to the parties respectivel, for whom and for whose

    bene%t , such action shall be brou!ht and the amount so

    recovered , after deductin! all costs and e&penses, includin! the

    costs not recovered from the defendant, shall be divided amon!st

    he before mentioned parties or an of them in such shares as

    the court b its $ud!ement or decree shall direct.

    THE DE+ENDENTS H- CAN CLAIM C-M+ENSATI-N

    A claim under the act can be made onl for the bene%t of certain

    heirs, i.e., the wife, husband, parent or child. (or the bene%t of 

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    onl this cate!or of people the claim can be brou!ht b and in

    the name of the admininstrator, e&ecutor, or the representative of 

    the person deceased. )o action can be brou!ht b the brothers or

    sisters of the deceased as the are not *le!al representatives+

    under this act. In .u%"! /0 Uio of I%i! , an action brou!ht bthe brother to recover compensation under the fatal accidents act

    was dismissed.

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    INUNCTI-NS

    An in$unction is an order of the court directin! the doin! of some

    act or restrainin! the commission or continuance of some act. he

    court has the discretion to !rant or refuse this remed and when

    remed b wa of dama!es is a sucient relief , in$unction will

    not be !ranted. he in$unctions are of various 'inds :-

    Tempor!r$ !% perpetu!# i2uctio* hese have been de%ned in section /, speci%c relief act, 10 as

    follows-

    "1# A temporar in$unction is such as is to continue until a

    speci%ed time ,or until further orders of court"2# A perpetual in$unction is one b which the defendant is

    perpetuall en$oined from the assertion of a ri!ht, or from

    the commission of an act which could be contrar to the

    ri!ht of the plainti3.

    A temporar or interlocutor in$unction is !enerall !ranted

    before the case has been heard on merits and it is onl

    provisional and , as such, continues until the case is heard on its

    merits or until the further orders of the court. It does not mean

    determination in favour of the plainti3 but simpl shows that

    there is a substantial 4uestion re4uirin! consideration. here it is,

    for e&ample, intended that the propert should continue to remainin its e&istin! condition rather than bein! destroed or wron!full

    disposed or before the %nal decision , such an in$unction will be

    issued. If court, after full !oin! into the matter, %nds that the

    plainti3 is entitled to relief, the temporar in$unction will be

    replaced b perpetual in$unction. If however the plainti3+s case is

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    found to be un$ust , the in$unction will be dissolved. A perpetual

    in$unction is a %nal order and is issued after the full consideration

    of the case.

    +R-HI.IT-R3 AND MANDAT-R3 INUNCTI-N

    6rohibitor in$unction forbids the defendants from doin! some act

    which will interfere with the plainti3+s lawful ri!hts. he e&amples

    of it are restrainin! the defendant from commitin! or continuin!

    the acts li'e trespass or nuisance.

    7andator in$unction is an order which re4uires the defendant to

    do some positive act, for e&ample, an order to pull down a wallwhich causes obstruction to the plainti3+s ri!ht to li!ht . *ou

    should not construct a wall+ is a prohibitor in$unction and *ou

    should demolish the wall+ is a mandator in$unction.

    S+ECIFIC RESTITUTI-N -F +R-+ERT3 hen the plainti3 has been wron!full dispossessed his movable

    or immovable propert, the court ma order that the speci%c

    propert should be restored bac' to the plainti3. ecover of land

    can be made b an action for e$ectment and the recover of 

    chattels b an action for detinue .

    E4TRA UDICIAL REMEDIES

    Apart from the above stated remedies of dama!es, in$unctions,and speci%c restitution of propert which are also 'nown as

     $udicial remedies, a person ma have recourse to certain

    remedies outside the court of law. Such remedies are 'nown as

    e&tra $udicial remedies. A person ma have these remedies b his

    own stren!th b wa of self help. he remedies are re-entr of 

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    land, reception of chattels , distress dama!es feasant and

    abatement of nuisance. In the %rst two cases, a person, b the

    use of reasonable force, has the ri!ht to recover bac' the

    propert to which he is entitled. 9istress dama!e feasant entitles

    a person to seie the !oods or cattle which have trespassed onhis land until compensation for trespass has been paid.

    A.ATEMENT -F NUISANCE

    An occupier of land is permitted to abate, i.e., to terminate b his

    own act, nuisance which is a3ectin! his land. (or e&ample, he

    ma cut the branches or thr roots of nei!hbours+s trees which

    have escaped from his land. ;enerall, before abatement is

    made, notice to the other part is re4uired unless the nuisance is

    one which, if allowed to continue, will be a dan!er to the life or

    propert. hen abatement is possible without !oin! on the

    wron!doer+s land, i.e., cuttin! of the brances of a tree han!in! on

    the land of the abater, the same ma be done without an notice.

    hen there are more than one wa of abatement, the less

    mischievous one should be followed. hen a more mischievous

    wa of abatement is followed, notice of abatement should be

    !iven.

    FEL-NI-US T-RTS

    hen the tort was a felon, the rule at common law was that

    remed in case of tort was not available until the defendant was

    prosecuted for felon or some reasonable $usti%cation for notprosecutin! him was shown. hus, proceedin! in case of tort was

    suspended until the defendant was prosecuted or some

    reasonable $usti%cation for not prosecutin! him was shown. his

    rule has been abolished in

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    to the tort of conversion. It is now possible to sue the defendants

    even thou!h he is not prosecuted for theft.

    In India , when the same act amounts to a tort as well as criminal

    wron!, an action of tort can lie irrespective of the fact whetheran criminal action for the same has been brou!ht or not. hus,

    under indian law, prosecution of the wron!doer id not a condition

    precedent to an action under law of torts, as in