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23. Bearing in mind what have been indicated above, we, first, turn to the statement of object and reasons of the Act of 1855. The object of the Act of 1855, reads "An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong". We also notice that the Preamble of the Act of 1855 reads as follows:

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 answerable in damages for the injury so caused by him.

24. A careful reading of the statement of object and reasons of the Act of 1855 clearly shows that this Act aims of providing compensation for the loss occasioned to the family of a person, whose death is caused by actionable wrong. The Preamble of the Act shows that before the Act was brought into force, no "action" or 'suit' was maintainable, in any Court, against a person, who by his wrongful act, neglect or default, may have caused the death of another person, though many a times, in such cases, the wrong-doer should be answerable, in damages, for the injury so caused by him.

29. Keeping in view what have been indicated above, we reproduce here in below Section 1-A of the Act of 1855:

1 -A. 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 entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been 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.

47. A claim for damages arising out of tortious liability, ordinarily, lies within the ambit of the jurisdiction of the civil Court under Section 9 of the Code. Since the Act of 1855 is a substantive law and not a procedural law, a person aggrieved, on deriving his right to claim compensation, under the Act of 1855, shall have to necessarily go to the civil Court and institute a suit seeking damages or compensation until a tribunal or some other forum for trial of such suit is created by legislation. Since the Act of 1855, while granting substantive rights to the wife, husband, parent and child of the person, whose death is caused by an actionable wrong, speaks of both 'suit' as well as 'action', it is possible for the legislature to prescribe a forum or a Court or a tribunal other than a regular civil Court for dealing with and deciding the cases of damages arising out of the Act of 1855. However, so long as a Court, tribunal or other forum is not prescribed, a claim for damages, under the Act of 1855, can only be made by way of instituting suits for damages and by no other means. This becomes clear, when one refers to Part VII of the Limitation Act, 1963, and, particularly. Article 82 contained therein. The relevant portion of Part VII is reproduced herein below: