SECTION NOTES
Fatal Accidents Act
FATAL ACCIDENTS ACT, 1855
1. Short title and extent
1A. Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong
Not more than one suit to be brought
Fatal Accidents Act, 18551
[13 OF 1855]
An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong
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. It is enacted as follows:—
2[Short title and extent.
1. (1) This Act may be called the Fatal Accidents Act, 18551 3(2) It extends to the whole of India 4[***]].
Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.
5[1A.] 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 who would have been liable if death had not ensued, shall be liable to an action or suit for damages, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony or other crime.
6[***] 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 be brought by and in the name of the executor, administrator or representative of the person deceased;
1. Dated 27-3-1855.
2. Inserted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.
3. This Act has been extended to Laccadive, Minicoy and Amindivi Islands by the Laccadive, Minicoy and Amindivi Islands (Laws) Regulation, 1965, w.e.f. 1-10-1967; to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968.
4. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
5. Section 1 re-numbered as section 1A by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.
6. Words “And it is enacted further that” omitted by the Repealing and Amending Act, 1914.
and in every such action, the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought, and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties, or any of them, in such shares as the Court by its judgment or decree shall direct.
COMMENTS
SECTION NOTES
1A.1 Liability for Death Caused by Actionable Wrong
If a person’s death is caused by a wrongful act, neglect, or default, the wrongdoer’s liability remains intact, even though the injured person is no longer alive.
The section ensures that the party responsible for the wrongful act remains liable to compensate the deceased’s family just as they would have been liable to the injured person, had he/she survived.
1A.2 Survival of the Cause of Action Post Death
The right to sue does not lapse with the death of the injured person.
Even if the circumstances of death constitute a felony or crime, the civil liability for damages continues to apply. This reinforces that criminal prosecution does not extinguish the civil right to compensation.
1A 3 Beneficiaries of the Suit
The suit can only be brought for the bene t of certain close family members of the deceased, namely:
Wife or husband
Parents
Children of the deceased
The intent is to compensate those who were dependent on or emotionally affected by the deceased’s demise.
1A.4 Person Entitled to Bring the Suit
The action or suit must be brought by and in the name of the executor, administrator, or legal representative of the deceased person.
However, only one suit can be brought for one subject matter. [See section 2]
1A.5 Assessment and Allocation of Damages
The court has discretion to award damages in proportion to the loss suffered by the family members due to the death.
After deducting costs and expenses (including legal costs not recovered from the defendant), the awarded amount is divided among the eligible family members in proportions decided by the court. This division ensures fairness based on individual losses.
CASE LAWS
Negligence and Liability of Municipal Corporations - The case concerns the collapse of a Clock Tower owned by the Municipal Corporation of Delhi, which resulted in the death of several individuals. The plaintiffs, who were heirs of the deceased, led suits under Section 1 of the Fatal Accidents Act, 1855. The primary legal issue was whether
the Municipal Corporation was negligent in maintaining the structure. The Supreme Court applied the doctrine of res ipsa loquitur, as the Clock Tower was under the exclusive control of the Municipal Corporation, and its fall, absent any natural events like earthquakes or storms, indicated negligence. The Court held that the owner of a building abutting a highway has a special obligation to ensure it is safe for the public. The responsibility persists even if the defect causing the collapse was latent. The Court af rmed that the Corporation failed in its duty by not conducting a systematic and careful inspection of the structure, thus holding it liable for the damages caused by the collapse. The Supreme Court upheld the principle that the damages awarded should be based on the pecuniary loss sustained by the dependents, applying the method established in earlier English cases for determining compensation.— Municipal Corporation of Delhi v. Subhagwanti AIR 1966 SC 1750.
Negligence and Distinct Causes of Action - The case involves a motor accident caused by the negligent driving of a bus operated by the appellant company. The accident resulted in the death of a passenger, Rajaratnam. The plaintiffs, including the deceased’s father, widow, and children, claimed compensation under sections 1 and 2 of the Fatal Accidents Act, 1855. The trial court and the High Court found the bus driver negligent and held the company liable. The Supreme Court upheld the concurrent ndings of negligence based on the evidence and the circumstances, which included excessive speed and the bus veering off-road. On the issue of damages, the court held that the claims under sections 1 and 2 of the Act are distinct, with section 1 focusing on the pecuniary loss to the dependents and Section 2 addressing the loss to the estate, including mental agony and loss of expectation of life. The Supreme Court clari ed that there should be no duplication of damages when the same party claims under both sections; compensation under one section should not overlap with that under the other. Thus, the award of Rs. 25,200 under section 1 for loss of future pecuniary bene t and Rs. 5,000 under section 2 for the loss to the estate was upheld as reasonable without duplication of damages.— Gobald Motor Service Ltd. v. R. M. K. Veluswami AIR 1962 SC 1
Negligence and Vicarious Liability of School Authorities - The case involves the tragic drowning of 14 students during a school-organized picnic near a river, attributed to the negligent conduct of the teachers escorting the children. The parents sought compensation under the Fatal Accidents Act, 1855. The Supreme Court held that the negligence of the teachers, who were convicted under section 304A IPC [now section 106 of the Bharatiya Nyaya Sanhita, 2023], made the school vicariously liable as the incident occurred within the course of their employment. Despite the school’s contention that only the teachers were negligent, the Court ruled that the school could not absolve itself of liability. The High Court’s award of Rs. 5 lakhs per student was upheld, emphasizing the application of the multiplier method and recognizing the social status of the children. The Court dismissed the appeal for reduction of compensation and granted simple interest on the awarded amount.— M. S. Grewal v. Deep Chand Sood AIR 2001 SC 3660.
Increased Compensation Due to Revised Circular - The case involves the accidental death of the appellant’s husband who suffered an electric shock after coming into contact with a live wire. Initially, the compensation of Rs. 30,000 was granted based on an older circular of the Maharashtra State Electricity Board. However, by the time a formal application was submitted in 1994, a new circular effective from January 28, 1993, had increased the compensation to Rs. 60,000. The Supreme Court held that since the case was not closed before the new circular came into effect, the appellant was entitled to the higher compensation amount. The High Court’s order was modi ed to grant an additional Rs. 30,000, to be paid within eight weeks with interest applicable in case of delay.— Smt. Shashikalabai v. State of Maharashtra AIR 1999 SC 706. 3
FATAL ACCIDENTS ACT 1855 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364550628
NO. OF PAGES : 16
BINDING TYPE : PAPERBACK
DESCRIPTION
Fatal Accidents Act 1855 [Bare Act with Section Notes] by Taxmann is a concise resource featuring the complete Act alongside in-depth section notes. This latest edition integrates current judicial interpretations to address modern legal requirements. This book is intended for the following audience:
• Legal Professionals
• Judicial Officers & Law Enforcement
• Law Students & Academicians
• Insurance & Claims Professionals
• Claimants & Litigants
The Present Publication is the 2025 Edition, covering the amended and updated text of the Fatal Accidents Act [Act No. 13 of 1855], with the following noteworthy features:
• [Bare Act Text] Full text of the Fatal Accidents Act 1855
• [Section Notes & Comments] Detailed explanations of each section's purpose, scope, and interpretation
• [Case Law References] Key judicial decisions from the Supreme Court and High Courts
• [Easy Navigation] Clear formatting for quick location of relevant sections
• [Amended & Updated] Footnotes reflecting recent legal and socio-legal developments
• [Pre-amendment Provisions] Historical text for understanding pre-amendment positions