Professional Documents
Culture Documents
Exceptions
Assumptions ASSUMPTIONS
Plaintiff-Injured-No retribution
Defendant-Accused-No punishment
Facts
Facts
Admiralty Commissioners-Pensions - legal representatives of the drowned Admirally Commissioners-claimed -the owners of Steamship Amerika
House of Lords
With the death of surgeon, the right action had come to an end and legal heirs of the surgeon cannot be held liable for the act of the surgeon
Facts
Pilots suit abated on his death & his representatives cannot be substituted
Division bench
Common law
Actions on contract
Statutory
Obligation of parties
Death of the Parties Legal representatives Responsible to the extent of estate of deceased
the property of another and enriches himself y Will not pass on to his legal representatives y Person actually entitled to the property vs legal representatives of deceased. y Sherrington case: Executors were held liable for 160 Oaks and 20 Oxen which the testator had wrongfully taken from the claimants land.
shall survive for or against the deceased for the benefit of his estate. y Exception: Defamation, Assault , personal injuries y Claim compensation for:
injuries and loss during the life time shortening of expectation of life and not after the death.
y Morgan vs Scoulding Deceased dies instantaneously Df: No action as death was instantaneous and no cause of action arose during the lifetime of the deceased. Held:
Cause of action arose when df drove negligently Act resulted in accident Cause of action arose before death LRs can claim from Df
Quantum of compensation
y Benham vs Gambling Death of 2 yr Awarded 200 pounds Prospect of life enjoyment are uncertain
y Jackson vs Watson Pf purchases tin of salmon from df Pfs wife dies after consuming the contents Held :
Breach of contract by Df as he did not supply consumable product. Pf can claim for the loss of services of the wife due to her death
Statutory Exceptions
y Fatal Accidents Act 1855 (Lord Campbells Act) 1976 y Employers Liability Act, y The Workmens Compensation Act, 1923 y Carriage by Air Act, 1961 y Motor Vehicles Act, 1988 y Employees State Insurance Act, 1948 y Carriage by Rail Act, 1972 y Carriage of Passenger by Road Act, 1974 y The Merchants Shipping Act, 1979
loss of dependency
Spouse-present/former, living as spouse in the same house for last two years before the death of the deceased Parent, ascendants, or a person who was treated as parent Child or descendant, or a person who was treated as child Child includes biological, adopted, step, & illegitimate Ant person who is issue of a brother, sister, uncle, or aunt of the deceased.
casual nature and who is employed otherwise than for the purposes of the employers trade or business) who is
(i) a railway servant (ia)(a) a master seaman or other member of the crew of a ship. (b) a captain or other member of the crew of an aircraft (c) a person recruited as driver helper mechanic cleaner or in any other capacity in connection with a motor vehicle (d) a person recruited for work abroad by a company and who is employed outside India in any such capacity as is specified in Schedule II and the ship aircraft or motor vehicle or company as the case may be is registered in India or;
2(d) dependent
y Any of the following relatives of a deceased workman
namely :
(i) a widow/ a minor legitimate or adopted son an unmarried legitimate or adopted daughter or a widowed mother; and (ii) if wholly dependant on the earnings of the workman at the time of his death a son or a daughter who has attained the age of 18 years and who is infirm;
iii) on the earnings of the workman at the time of his death(a) a widower (b) a parent other than a widowed mother (c) a minor illegitimate son an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and minor (d) a minor brother or an unmarried sister or a widowed sister if a minor (e) a widowed daughter-in-law (f) a minor child of a pre-deceased son (g) a minor child of a pre-deceased daughter where no parent of the child is alive or (h) a paternal grandparent if no parent of the workman is alive; Explanation : For the purpose of sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son daughter or child include an adopted son daughter or child respectively
Employers liability (Accident arising out of and in the course of his employment)
y The employer shall not be so liable y (a) for any injury which does not result in the total or
partial disablement of the workman for a period exceeding three days; y (b) in respect of any injury not resulting in death or permanent total disablement caused by an accident which is directly attributable to
the workman under the influence of drink or drugs or the wilful disobedience of the workman to an order expressly given or to a rule expressly framed for the purpose of securing the safety of workmen or the wilful removal or disregard by the workman
Amount of compensation
y Where death results from the injury: an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees whichever is more; y Where permanent total disablement results from the
injury:
an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of sixty thousand rupees whichever is more.
(a) "workman" means any person who has entered into, or works under:
a contract of service or apprenticeship with an employer by way of manual labor, clerical work or otherwise, and the contract is expressed or implied,
oral or in
writing
By reason of the omission of the employer to maintain in good and safe condition, works, machinery or plant connected with or used in his trade or business, by reason of any like omission on the part of any person in the service of the employer who has been entrusted
(2) The liability shall be enforceable for the benefit of such of the members of the passengers family as sustained damage by reason of his death. (3) An action to enforce the liability may be brought by the personal representative of the passenger
CERTAIN CASES 140. Liability to pay compensation in certain cases on the principle of no fault:
the owners of the vehicles jointly and severally liable to pay compensation in respect of death or disablement.
Accident or An occupational disease Arising out of and in the course of his employment, An insurable employment
Disablement
Temporary disablement
Disablement
Permanent partial disablement Disablement as reduces the earn incapacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement
Permanent total disablement Disablement that incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement.
Temporary disablement Condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury]
51.Disablement Benefit.
y 51 A Presumption as to accident arising in course of employment- in the absence of
51B. Accidents happening while acting in breach of regulations, etc.- An accident shall be deemed to arise out of and in the course of an insured persons employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if-(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of and in connection with the employers trade or business
transport. 51D. Accidents happening while meeting emergency. 52A. Occupational disease.