Contents of Article
Introduction
The relationship between death and tort law presents complex questions about the survival of legal rights and remedies. Historically, the common law maxim “Actio personalis moritur cum persona” (a personal action dies with the person) dictated that personal actions were extinguished by death, both of the plaintiff and the defendant. This rule left little room for the family or estate of a deceased person to seek compensation for wrongful acts leading to death. However, with societal changes and the growing importance of protecting dependents and recognizing wrongful death, several legislative measures, such as the Fatal Accidents Act of 1855 in India and the Fatal Accidents Act of 1976 in England, now enable the estate or family of the deceased to bring claims for compensation.
This article delves into the effect of death on subsisting causes of action, examines the maxim Actio personalis moritur cum persona, and explores the current statutory frameworks governing wrongful death claims in India and England. It will also analyze key judgments, including Balbir Singh Makol v. Chairman, Sir Ganga Ram Hospital, which further clarify the legal position regarding death in tort law.
Effect of Death on a Subsisting Cause of Action
Under traditional common law, the death of either the plaintiff or the defendant would terminate any existing causes of action. The maxim Actio personalis moritur cum persona encapsulates this rule, ensuring that personal actions “died” with the individual. This resulted in the extinguishment of legal claims in cases of death, regardless of whether the wrongful act itself led to the individual’s demise.
- Position in England: The rigid common law position was substantially reformed by the Law Reform (Miscellaneous Provisions) Act, 1934, which allowed causes of action to survive the death of either the plaintiff or the defendant. This Act ensures that most personal causes of action, including those based on tort, could be continued by or against the estate of the deceased, except for claims such as defamation or purely personal injuries.
- Notable Exception: Personal actions, such as those involving assault or defamation, are still extinguished upon the death of either party. However, the estate of the deceased can pursue claims that were actionable before death.
- Position in India: In India, Section 306 of the Indian Succession Act, 1925 mirrors the reforms in England. Causes of action survive the death of both the plaintiff and the defendant, except for personal torts like defamation, assault, or other personal injuries that result in death. This statutory provision creates an avenue for the estate of the deceased to pursue tort claims that were actionable during the deceased’s lifetime.
- Case Law: In Balbir Singh Makol v. Chairman, Sir Ganga Ram Hospital, the National Commission applied the rule that personal actions died with the person. In this case, a medical negligence complaint against a surgeon was dismissed following the surgeon’s death, reaffirming the maxim’s applicability in India when no statutory exception applies .
Shortening of Expectation of Life
A plaintiff whose life expectancy is reduced due to the wrongful act of another can claim damages under the heading of shortening of life expectancy. Courts recognize that loss of life expectancy is a compensable injury, independent of other damages such as pain and suffering. This type of claim is actionable even before death occurs.
- Key Cases:
- Flint v. Lovell (1935): This English case established that compensation could be awarded for the shortening of life expectancy, with the court holding that it was a significant head of damage.
- Indian Context: The Indian judiciary has also recognized this principle in cases like Gobald Motor Service Ltd. v. R.M.K. Veluswami, where the court awarded damages for the shortening of the plaintiff’s life expectancy caused by a wrongful act .
How Far is Causing Death Actionable in Tort?
Historically, causing death was not actionable under common law, meaning the legal system did not provide remedies for the dependents of a deceased person. This position was rooted in the Baker v. Bolton principle, which stated that “in the eyes of the law, the death of a human being cannot be complained of as an injury.”
- The Rule in Baker v. Bolton: In this early 19th-century case, the court held that the death of a person did not constitute an actionable wrong. In Baker v. Bolton, the plaintiff sought damages for the loss of his wife following a coach accident, but the court ruled that damages could only be claimed for the period between the accident and death, not for the death itself. This rigid rule left no room for dependents to claim compensation for wrongful death .
Exceptions to the Rule in Baker v. Bolton
Over time, statutory exceptions were introduced in both England and India, allowing wrongful death claims under specific circumstances.
- Fatal Accidents Act, 1976 (England): The Fatal Accidents Act of 1976 in England consolidated earlier legislative reforms and provided that wrongful death caused by a defendant’s actions is actionable if brought by the dependents of the deceased. This Act ensures that the family members who depended on the deceased for financial support can claim compensation for the loss of that support .
- Categories of Dependents: Spouses, children, parents, and other close relatives who relied on the deceased for financial support are eligible to bring claims under the Act. Damages typically cover loss of income, services, and support, though no compensation is awarded for grief or sorrow.
- Fatal Accidents Act, 1855 (India): Modeled after England’s Fatal Accidents Act, the Indian Fatal Accidents Act, 1855 allows the legal representatives of a deceased person to sue for damages arising from wrongful death. Section 1A of the Act provides that the spouse, parents, and children of the deceased can recover compensation for the pecuniary loss suffered due to the death .
- Judicial Application: In Gobald Motor Service Ltd. v. R.M.K. Veluswami, the Indian Supreme Court clarified that damages under the Act should be limited to pecuniary losses suffered by the dependents, including future loss of earnings and services.
Compensation Payable Under a Statute
Statutory frameworks in both India and England allow for compensation claims following wrongful death. The compensation is generally calculated based on the financial loss incurred by the dependents due to the death.
- In England: The Fatal Accidents Act, 1976 provides for a range of damages, including loss of financial support, services, and contributions that the deceased would have provided to the dependents. English courts also consider factors such as the deceased’s age, income, and the degree of dependency when assessing compensation.
- Key Case: In Benham v. Gambling, the court awarded compensation for the shortening of life, recognizing it as an independent head of damage .
- In India: Under the Fatal Accidents Act, 1855, Indian courts focus on compensating the dependents for the financial loss arising from the wrongful death. However, there has been ongoing debate about the adequacy of compensation awarded under this Act, with calls for reforms to expand the categories of claimants and increase the quantum of damages to reflect modern economic realities .
The Action by or Against the Estate of the Deceased:
Both in England and India, the estate of a deceased person can bring or defend claims in tort. Under the Law Reform (Miscellaneous Provisions) Act, 1934 in England, and Section 306 of the Indian Succession Act, 1925, the estate can recover damages for pain, suffering, and loss incurred by the deceased before death.
Conclusion
The law surrounding death in torts has evolved considerably from its origins in common law, where wrongful death was not actionable. Today, both in India and England, statutory frameworks provide remedies for dependents of a deceased person who died due to wrongful acts. The Fatal Accidents Act, 1976 in England and the Fatal Accidents Act, 1855 in India enable dependents to claim compensation for financial losses incurred due to the death. The evolution of this area of law reflects the growing recognition of the need to protect the rights of dependents and the estate of the deceased, while also ensuring that those responsible for wrongful deaths are held accountable.
For law students and legal professionals, understanding the historical context and modern statutory remedies in wrongful death claims is essential to appreciating how tort law continues to evolve in response to societal changes.