Section 2. Not more than one suit to be brought
Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint 1 ***:
Claim for loss to estate may be added.--Provided that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.
Judgements applying section 2
FAO-3089-1999 (O&M), High Court of Punjab and Haryana at Chandigarh, Pankaj Jain, J. (pronounced 29.05.2026): appeal by Union of India against RCT Chandigarh award of Rs.4 lakh for the death of passenger Krishana Ben Uppadhyay in the 26.11.1998 collision of Train No.3152 Dn Sealdah Express with the Golden Temple Mail…
DismissedOpenHIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] SATURDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 3433/2025
DismissedOpenLimitation — Compensation suit for death by electrocution alleged to be caused by negligence of electricity department (APSPDCL) — Suit by legal heirs under Section 1-A, Fatal Accidents Act 1855 — Article 82, Limitation Act 1963 prescribes a specific period of two years from the date of death;
DismissedOpenThe High Court of Delhi allowed two motor accident appeals filed by an Insurance Company against Tribunal awards granting compensation for injuries and death resulting from a scooter-tractor collision.
Civil Revision dismissed as not maintainable — decree in a suit under the Fatal Accidents Act, 1855 is appealable under Section 96 CPC. Held (Rakesh Mohan Pandey, J.): (i) although the Act of 1855 contains no provision for appeal or revision, it is not a complete Code;
DismissedOpenCross-appeals over a civil suit decreeing compensation against JVVNL and Nagar Nigam for death of a man by electrocution from a street electric pole. The High Court held the electricity supply agency liable under strict liability principles and dismissed all appeals, affirming the award.
DismissedOpen
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2023:KHC-D:13684-DB MFA No. 102018 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF NOVEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS
Partly allowedOpenHigh Court dismissed the appellants' appeal for enhancement of compensation under the Fatal Accidents Act. The Court held petitioners were not financially dependent on the deceased.
DismissedOpenThe High Court enhanced compensation awarded to the legal heir of a deceased in a motor vehicle accident. It held that since the heir was not dependent, compensation was due under loss of estate, calculating 50% of notional income with a multiplier of 9.
Partly allowedOpenJUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 179/2003 1. Ajmer Vidyut Vitran Nigam Ltd. Through Its Chairman- Cum-Managing Director, Ajmer Erstwhile Rajasthan State Electricity Board, Jaipur 2. Superintending Enginee
DisposedOpen