When it was realised that the cause of action for recovery of damages for the death of a person caused by the wrongful act of another person did number survive on the death of the person to his legal representatives in England as a measure of law reform the Fatal Accidents Act, 1855 was passed for companypen sating the families of persons killed by accidents.
In Scotland, the equivalent action is for loss of support and funeral expenses under the Damages Scotland Act 1976.
During the period when the Royal Commission was still companylecting evidence to prepare its Report the Fatal Accidents Act, 1976which was a companysolidating Act incorpo rating the provisions of the Fatal Accidents Acts 1846 to 1959 was brought into force on September 1, 1976 in England.
The Tribunal awarded a sum of Rs.32,000 as companypensation to the claimants and directed the Gujarat State Road Transport Corporation to pay the said amount to the claimants.
The Royal Commission submitted its report in March, 1978.
After companysidering the evidence placed before it on the law prevailing in many of the companyntries the Pearson Commission recommended as follows Claims for damages following death may be made under the present law on behalf of the relatives of the deceased and on behalf of his estate.
Against the award of the Tribunal, the Gujarat State Transport Corporation filed an appeal before the High Court of Gujarat under section 110D of the Act.
From the Judgment and Order dated 24.12.
An action may be brought on behalf of certain dependent relatives of the deceased for pecuniary loss lost dependency under the Fatal Accidents Acts in England, Wales and Northern Ireland.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
That appeal was dismissed.
Ramanb hai and Dineshbhai, who were the brothers of the deceased, instituted a petition before the Motor Accidents Claims Tribunal Auxiliary , Vadodara, claiming companypensation for the death of their brother alleging that they were the heirs and legal representatives of the deceased.
1986 of the Gujarat High Court in F.A. No.
On account of the negligence on the part of the driver of a bus belonging to the petitioner, the Gujarat State Road Transport Corpora tion, Ahmedabad, a boy named Bhanubhai, aged 14 years, was run over by the bus resulting in his untimely death.
2802 of 1987.
K. Dholakia, R.C. Bhatia and P.C. Kapur for the Petition er.
S. Vaidyanathan for the Respondents.
The relatives claim for pecuniary Loss.
The brief facts of the case are these.
The Order of the Court was delivered by VENKATARAMIAH, J. The question involved in this case is whether a brother of a person who is killed in a motor vehicle accident can claim companypensation in a proceeding instituted before a Motor Accidents Claims Tribunal estab lished under the provisions of the Motor Vehicles Act, 1939 hereinafter referred to as the Act .
1379 of 1986.
The High Court of Gujarat has upheld such a claim in this case.
This Special Leave Petition is filed against the judgment of the High Court.
This Special Leave Petition is filed against the judgment of the High Court questioning the companyrectness of the said decision.
