Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fatal Accidents Act 1855 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Fatal Accidents Act, 1855 (13 of 1855) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Fatal Accidents Act, 1855 - Suit for damages - Accused persons convicted under the provisions of Penal Code, 1860 for committing murder of 'S' - Suit filed under the Fatal Accidents Act, 1855 by dependants of 'S' claiming damages for the death of 'S' - Civil Judge awarded compensation of Rs. 3 lakhs with interest@ 12% p.a. - However, first appellate court reduced the compensation to Rs. 2 lakhs with interest @ 12% p.a. - Said order upheld by High Court- On appeal, D held: Fatal Accidents Act, 1855 is an Act to provide compensation to the families for loss occasioned by the death of a person caused by actionable wrong - In sub-section (1 )(c) of s. 357, there is clear indication that apart. from the punishment of fine, the person convicted of any offence of having caused the death of another person or of having abetted the commission of such an offence may also be liable to face a civil action for damages under the Fatal Accidents Act, 1855 in a suit for damages - Rule of double jeopardy is not applicable to the instant case - On facts, there is no scope for any interference with the amount of compensation awarded by the first appellate court - However, rate of interest is modified and reduced to 6% p.a.- Code of Criminal Procedure, 1973 - s. 357.Legislation - Need for - Matters like payment of compensation and damages for death resulting from a wrongful or negligent act governed by Fatal Accidents Act, 1855 an old antiquate Act - Urgent need to bring a contemporaneous and comprehensive legislation on the said subject. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 469 |
Petitioner | Suba Singh & Anr. |
Respondent | Davinder Kaur & Anr. |
SCR | [2011] 7 S.C.R. 217 |
Judgement Date | 2011-07-06 |
Case Number | 5197 |
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