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Section 2 similarly provides for the recovery of pecuniary loss to the estate of the deceased in an action or a suit by the executor, administrator, or the representative of the deceased. The preamble of the Act which gives the background and the purpose for enacting the legislation is to the following effect:

"An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong."

Citation : AIR Vol.66 Year 1979

3. Section 1 of the Act is, in substance, reproduction of the English Fatal Accidents Act, 1846 (9 and 10 Vict. C. 93), known as the Lord Campbell's Act, the scope of which was under discussion by the House of Lords in Davies v. Powell Duffryn Associated Collieries Ltd., 1942 AC 601. Lord Wright in his judgment while dealing with the question relating to the determination of the amount of wages which the deceased was earning, held-