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13. The preamble of the said Act is that, it is an Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. It is a 4 Sections Act and including its preamble provides for the compensation where no action or suit is maintainable in any Court against a person who by his wrongful act, neglect or default, may have caused the death of another person. The relevant provisions of the said Act with its preamble are quoted below for ready reference:-
"THE FATAL ACCIDENTS ACT, 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-
Date of order : 30.10.2017 WP No.55950/2014 Rokkayya @ Robaiah @ Anu vs. Bangalore Electricity Supply Company Ltd. and Anr. .
doer in such case should be answerable in damages for the injury so caused by him. It is enacted as follows:-
1. Short title and extent.- (1) This Act may be called the Fatal Accidents Act, 1855 . (2) It extends to the whole of India except the State of Jammu and Kashmir].
[1A.] 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 wrongful 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, shall 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. [***] 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 Date of order : 30.10.2017 WP No.55950/2014 Rokkayya @ Robaiah @ Anu vs. Bangalore Electricity Supply Company Ltd. and Anr. .