Fatal Accidents Act, 1855

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THE FATAL ACCIDENTS ACT, 1855 
 
 
 
CONTENTS 
 
1.  Suit for compensation to the family of a person for loss occasioned to it by his death by 
actionable wrong 
2.  Not more than one suit to be brought. Claim for loss to estate may be added 
3.  Plaintiff shall deliver particulars, etc. 
4.  Interpretation-clause 

 
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1[THE 2*FATAL ACCIDENTS ACT, 1855] 
Act No. XIII OF 1855 
[27th March, 1855] 
An Act to provide compensation to families for loss occasioned by the death of a person caused by 
actionable wrong. 
 Preamble. WHEREAS no action or suit is now maintainable in any Court against a person 
who, by his wrongful act, neglect or default, may have caused the death of another person, and it is 
often-times right and expedient that the wrong -doer in such case should be a nswerable in damages 
for the injury so caused by him ; It is enacted as follows:– 
 1. Suit for compensation to the family of a person for loss occasioned to it by his death 
by actionable wrong.  Whenever the death of a person shall be caused by wrong ful act, neglect or 
default, and the act, neglect or default is such as would (if death had not ensued) have entitled the 
party injured to maintain an action and recover damages in respect thereof, the party who would have 
been liable if death had not ensued sh all be liable to an action or suit for damages, notwithstanding 
the death of the person injured, and although the death shall have been caused under such 
circumstances as amount in law to felony or other crime. 
 3* * * Every such action or suit shall be for the benefit of the wife, husband, parent and child, 
if any, of the person whose death shall have been so caused, and shall be brought by and in the name 
of the executor, administrator or representative of the person deceased; 
 and in every such action the Court may give such damages as it may think proportioned to the 
loss resulting from such death to the parties respectively, for whom and for whose benefit such 
action shall be brought; and the amount so recovered, after de ducting all costs and expenses,  
including the costs not recovered from the defendant, shall be divided amongst the before mentioned 
parties, or any of them, in such shares as the Court by its judgment or decree shall direct. 
 2. Not more than one suit to be brought . Claim for loss to estate may be added. Provided 
always that not more than one action or suit shall be brought for, and in respect of the same subject -
matter of complaint 4* * *: Provided that, in any such action or suit, the executor, administrator or 
representative of the de ceased may insert a claim for and recover any pecuniary loss to the estate of 
the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall 
be deemed part of the assets of the estate of the deceased. 
 3. Plaintiff shall  deliver particulars, etc.  The plaint in any such action or suit shall give a 
full particular of the person or persons for whom, or on whose behalf, such action or suit shall be 
brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. 
 
1Short title given by the Short Titles Act, 1897 (14 of 1897). 
This Act is based on the Fatal Accidents Act, 1846 (9 & 10 Vict., c. 93). 
It has been declared to be in force in all the Provinces and the Capital of the Federation, ex cept the Scheduled Districts, by the Laws Local Extent Act, 
1874 (15 of 1874), s. 3. 
It has been declared by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the f ollowing Scheduled Districts, 
namely:- 
Sind …………………………….See Gazette of India, 1880, Pt. I, p. 672. 
The Scheduled Districts of the Punjab (some of these and portions of others now form the N.W.F.P),-See Gazette of India, 1881, Pt. I, p.483. 
2The word "Indian" omitted by A. O. 1949, Sch. 
3The words “And it is enacted further that” rep. by the Repealing and Amending Act, 1914 (10 of 1914), Sch. II. 
4The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person"  rep. by the Indian 
Limitation Act, 1871 (9 of 1871). For limitation, see now the Limitation Act, 1908 (9 of 1908). 
 
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 4. Interpretation -clause. The following words and expressions are intended to have the 
meanings hereby assigned to them respectively, so far as such meanings are not exclud ed by the 
context or by the nature of the subject -matter; that is to say  1* * * the word “person” shall apply to 
bodies politic and corporate; and the word “parent” shall include father and mother 2 and grand-father 
and grand -mother; and the word “child” s hall include son and daughter and grand son and grand -
daughter and step-son and step-daughter. 
 
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Date: 13-09-2024 
1Certain words rep. by Act 10 of 1914, Sch. II. 
2Step-father and step-mother are designedly omitted.