| Contents |
| Chapter I |
Introductory |
| 1.1 |
Why the Act taken up |
| 2. |
Judicial criticism |
| 3. |
Effect of death on causes of actions-two aspects |
| 4. |
Common Law rule as to death |
| 5. |
History of the rule disallowing recovery for fatal accident |
| 6. |
Common Law rule indefensible |
| 7. |
English Act of 1845 |
| 8. |
Indian Act of 1855 |
| 9. |
History of legislative proceedings |
| 10. |
Two interests violated |
| 11. |
Felonious tort |
| 12. |
Working Paper |
| Chapter II |
Law in England and in other Countries |
| 2.1. |
Reforms in England |
| 2. |
Some salient features of the position in England |
| 3. |
English Act of 1982 |
| 4. |
Law in other commonwealth countries |
| 5. |
Position in U.S.A |
| 6. |
Scottish Law as to solatium |
| 7. |
Civil Law countries |
| Chapter III |
Title, Extent and Application: Section 1 |
| 3.1. |
Introduction |
| 2. |
Extent and Application-recommendation |
| Chapter IV |
Right to Compensation: Section 1A, First Paragraph |
| 4.1. |
Section 1A, first paragraph |
| 2,3. |
Suit dependent on maintainability of conditions |
| 4. |
Australian case |
| 5. |
Connection |
| 6. |
Verbal changes in section 1A, first paragraph-Recommendation |
| Chapter V |
Relatives Entitled to Compensation: Section 1A, Second Paragraph |
| 5.1 |
Section 1A, second paragraph-relatives entitled to compensation |
| 2. |
Relatives entitled to compensation |
| 3. |
Illegitimate and adopted children-position in England |
| 4,5. |
Scope of relatives entitled to compensation-proposal for extension |
| 6,7. |
Relatives in the womb-Proposal |
| 8. |
Suit in the name of the executor, administrator or representative |
| 9. |
Suit by beneficiaries-proposal |
| 10. |
Payment into court-proposal |
| Chapter VI |
Damages: Section 1A, Third Paragraph |
| 6.1,2. |
Section 1A, third paragraph |
| 3,4. |
Tangible and intangible interests |
| 5,6. |
Section 1A, third paragraph |
| 7. |
Apportionment-recommendation |
| Chapter VII |
Widow's Re-Marriage |
| 7.1. |
The question for consideration |
| 2. |
Position where widow has re-married |
| 3. |
Prospects of re-marriage of widow |
| 4. |
Comment in a Delhi case |
| 5. |
English Law |
| 6. |
Reform in England |
| 7. |
Resent provision in England |
| 8. |
Debate in House of Lords |
| 9. |
Criticism of the English Act |
| 10. |
Salmond's view |
| 11. |
Commission's view as to the re-marrying widow |
| 12. |
Recommendation regarding re-marriage of widow |
| Chapter VIII |
Multiplicity of Suits: Section 2 |
| 8.1. |
Section 2, first part |
| 2. |
Section 2, first part-recommendation for minor verbal changes |
| 3. |
Section 2, second part-minor verbal change needed |
| 4,5 |
Analysis by Supreme Court |
| 6. |
Verbal changes recommended |
| Chapter IX |
Procedure: Section 3 |
| 9.1. |
Section 3-amendment proposed |
| 2. |
Amendment of section 3 proposed |
| 3. |
Particulars to be given |
| 4. |
Affidavit |
| 5. |
Determination of questions |
| 6. |
Determination of questions of liability and claim |
| 7. |
Non-joinder of some beneficiaries |
| Chapter X |
Definitions: Section 4 |
| 10.1. |
Section 4-Definition of "Person" to be omitted |
| 2. |
Definitions of "child" and "parent" to be omitted |
| 3. |
Definition of "injury" to be added |
| 4. |
Other provisions by way of interpretation recommended |
| Chapter XI |
Deductions from Damages |
| 11.1. |
Deductions from Damages |
| 2. |
Deductions from damages not permissible under the English Act of 1976 |
| 3. |
Amendment of 1982 in England |
| 4. |
Indian case law as to insurance |
| 5. |
Recommendation as to deductions |
| 6. |
Comprehensive recommendation |
| Chapter XII |
Succession Certificate |
| 12.1. |
A Kerala case |
| 2. |
Position where claim based on succession |
| 3. |
Specific provision not needed |
| Chapter XIII |
Comments Received on the working Paper |
| 13.1. |
Trend of comments |
| 2. |
Comments in agreement with the working paper |
| 3. |
Comment regarding quantum of policy |
| Chapter XIII |
Revised Act Recommended |
| 14.1. |
Revised Act recommended, but not with retrospective effect |
| 2. |
Recommendation in Appendix 1 |
| 3. |
Appendices 2-3 |
| Appendix 1 |
Draft Bill |
|
The Wrongful Death Bill, 1985 |
| 1. |
Short title, extent, commencement and application |
| 2. |
Interpretation |
| 3. |
Right of suit for wrongful death |
| 4. |
Suit for benefit of relatives |
| 5. |
Only one suit permissible |
| 6. |
Damages proportionate to injury |
| 7. |
Benefits not to be taken into account |
| 8. |
Claims for loss to the estate |
| 9. |
Money paid in court |
| 10. |
Apportionment of compensation |
| 11. |
Plaint and affidavit |
| 12. |
Power of court |
| 13. |
Determination of question of liability before claim |
| 14. |
Repeal |
| Appendix 2 |
Comparative Table Showing the Section of the Existing Act and the Corresponding Clause in the Recommended Draft Bill |
| Appendix 3 |
List of Certain Statutory Provisions Providing for Compensation on Death |
