Introduction 

• The intersection of death and tort law presents unique legal challenges in determining liability and compensation when a person's death results from another's wrongful act.  
• This area of law provides two crucial aspects:  
  • The survival of legal actions after death and  
  • The rights of dependents to seek compensation for their losses.  
• The legal framework has evolved significantly from its common law origins to provide more equitable solutions for both the deceased's estate and their surviving dependents. 

Historical Context and Legal Evolution 

• The common law traditionally followed the maxim "actio personalis moritur cum persona" (a personal right of action dies with the person). 
• This principle often led to unjust outcomes, as it prevented both the estate and dependents from seeking rightful compensation.  
• The legal landscape transformed with the introduction of reform legislation, first in England through the Law Reform (Miscellaneous Provisions) Act, 1934, and in India through the Indian Succession Act, 1925. 

Survival of Actions 

Legal Framework Under Indian Succession Act 

• Section 360 of the Indian Succession Act, 1925, establishes the modern framework for survival of actions.  
• The section provides that all demands and rights to prosecute or defend any action existing in favor of or against a deceased person survive to and against their executors or administrators, with specific exceptions: 
  • Defamation cases 
  • Assault cases 
  • Other personal injuries causing death 
  • Cases where the relief sought cannot be enjoyed or would be nugatory 

Interpretation of Personal Injuries 

• The Supreme Court, in M. Veerappa v. Evelyn Sequeira (1988), clarified that "personal injuries" should be interpreted ejusdem generis with both defamation and assault, not just assault.  
• This interpretation means personal injuries encompass not only physical injuries but all injuries to a person except those causing death. 

Loss to Dependents 

The Fatal Accidents Act, 1855 

• The Fatal Accidents Act states the rights of dependents to seek compensation when a person's death results from wrongful acts.  
• Section 1 of the Act enables: 
  • Claims by specific relatives (spouse, parents, and children) 
  • Recovery of damages proportioned to the loss suffered 
  • Distribution of compensation as directed by the court 

Calculation of Compensation 

• Courts have established several principles for calculating compensation: 
  • Assessment of pecuniary loss to dependents 
  • Consideration of future benefits the deceased would have provided 
  • Balance between losses and gains resulting from the death 
  • Separate consideration of claims under different sections of the Act 

Landmark Cases 

• The Supreme Court has provided significant guidance through cases like: 
  • Municipal Corporation of Delhi v. Subhagwanti (1966): Established the principle of calculating damages over a 15-year period 
  • Gobald Motor Service Ltd. v. Veluswami (1961): Clarified the distinction between claims under different sections of the Act and the principle of avoiding double compensation 

Deductions and Calculations of the Damages 

• The courts have established that when calculating damages: 
  • Any pecuniary benefit accruing to dependents due to the death must be considered 
  • A balance must be maintained between losses and gains 
  • Double compensation for the same loss must be avoided 
  • Different types of damages (e.g., loss to estate versus loss to dependents) can be claimed separately 

Conclusion 

The legal framework governing death in relation to tort law represents a careful balance between preserving legal rights after death and ensuring just compensation for dependents. Through legislative reforms and judicial interpretation, the law has evolved from the rigid common law principles to a more nuanced and equitable system. This evolution recognizes both the rights of the deceased's estate and the legitimate claims of dependents while establishing clear principles for calculating and awarding compensation. The framework continues to serve as a vital mechanism for ensuring justice in cases where wrongful acts result in death, providing both accountability for wrongdoers and support for those left behind.