Law: Fatal Accidents Act (XIII of 1855)

Section: 1

  Fatal Accidents Act (XIII of 1855), S. I-Act intended to compensate families for loss occasioned by death of deceased member of fancily-Suit may be brought by and in name of executor administrator or representatives of deceased Death essential constituent of cause of action-Damages claimed should be natural and reasonable result of defendant's act Factors re be taken into consideration in assessing damages Plaintiff, in suit under Act, cannot recover nominal damages or solatium-Damages must be fixed solely with reference to pecuniary loss sustained by relatives of deceased in respect of past contribu tion of in respect of reasonable expectation of future pecuniary benefit from deceased-Question of reasonable expectation of pecuniary advantage-Mixed question of law and fact-Relatives of deceased entitled to compensation despite fact that deceased left estate behind for benefit of his family-Compensation awarded by Court of first instance-Cannot be set aside unless award shown to be capricious or unreasonable.   The Fatal Accidents Act, 1855, was intended to compensate the families for loss occasioned by the death of the member of the family through actionable wrong, and gives the executor or administrator of any person, whose death has been caused by the wrongful act, neglect, or default of any other person, right for an action to recover damages in respect thereof, when the act is such as would (if death had not been caused) have entitled the party injured to sue. It is provided that every suit shall be for the benefit of certain specified near relations of the deceased and shall be brought by and in the name of the executor, admi nistrator or representative of the person deceased. The cause of action in cases arising under this Act is the wrongful act result ing in injuries which have caused death and not the death simply, although the cause of action is not complete for the relatives until death has occurred and death is an essential constituent of their cause of action. The cause of action consists of two parts, the neglect of the defendant and the death caused by such neglect. It is for a plaintiff to adduce evidence, affording a reasonable…