The Fatal Accidents Act, 1855

This 2023 edition of The Fatal Accidents Act, 1855 (Act 13 of 1855) reproduces the colonial-era wrongful-death statute verbatim, updated for its extension to Jammu & Kashmir through the J-&-K Reorganisation Act, 2019 (34 of 2019, w.e.f. 31-10-2019). Concise short comments highlight Supreme-Court jurisprudence on multiplier method (Sarala Verma, Pranay Sethi), dependency v. estate claim, and coordination with the Motor Vehicles and Employees’ Compensation regimes—while preserving full Bare-Act integrity.

Core statutory coverage

• Cause of action – recovery by dependants for “loss of pecuniary benefit” arising from negligence.

• Eligible claimants – spouse, parents, children, legal representatives.

• Jurisdiction & limitation – High Court / District Court; three-year limitation, suspension during criminal trial.

• Measure of damages – prospective income, future prospects, conventional consortium.

• Set-off & concurrent remedies – MV Act, E.C. Act, insurance and structured settlements.

This edition is particularly suited for

• Motor-accident & tort litigators quantifying fatal-injury claims.

• Insurance surveyors & claims managers handling wrongful-death payouts.

• Trial judges and ADR mediators computing compensation grids.

• Law students studying tort and accident-law modules.