Law:

Section:

Fatal Accidents Act (XIII of 1855)--- ----S. 1---Suit for recovery of compensation amount---Custodial death---Acquittal in criminal case---Effect---Vicarious liability---Quantum of damages---Determination of---Procedure---Deceased died in the custody of police officials---Contention of the police was that deceased died due to cardiac arrest---Validity---None of the police officials entered the witness box to defend the claim against them---Written statement filed by the police officials had lost its evidentiary value as contents whereof were never proved in the evidence---Deceased died while he was in the custody of police officials---Plaintiff was to prove the factum of incident only---Burden would shift on the police officials to disprove the causation if they wanted to succeed in the claim against the plaintiff---Present case did fall within the purview of Fatal Accidents Act, 1855---Prosecution in a criminal case was to prove beyond reasonable doubt the guilt of accused but in civil proceedings the matter had to be decision dated: the basis of preponderance of probabilities---Acquittal of (private) defendants in the criminal case did not have any adverse bearing on the present lis---Police official were liable to compensate the plaintiff by applying the rule of vicarious liability---Where damages were sought for the personalized acts of defendants, the proceedings would abate on the death of defendants---Deceased had not died a natural death but same was caused by the wrongful acts of police officials (defendants)---Pleadings of plaintiff with regard to deceased's life expectancy, running of business, monthly earning and other credentials had neither been questioned nor rebutted in the evidence---Plaintiff was never cross-examined in the present case---Plaintiff had claimed Rs.50,00,000/- towards damages and compensation---Claim of plaintiff with regard to quantum of damages was also unchallenged---Life expectancy of seventy five years in plaintiff's family had been proved---Deceased might also have lived for another fifty years approximately---Claim of awarding damages of Rs.50,00,000/- was justified---Master/employer in the claims with regard to tortuous…

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