SUBA SINGH & ANR. versus DAVINDER KAUR & ANR.

Civil suit for damages under Fatal Accidents Act, 1855 is maintainable even when criminal prosecution and conviction exists for same act; double jeopardy does not apply; widow's remarriage does not bar compensation; courts below justified in awarding Rs. 2,32,700 compensation; rate of interest reduced to 6% p.a.

Parties: Appellant: Suba Singh; Appellant: Shingara Singh; Respondent: Davinder Kaur; Respondent: Minor daughter of Surinder Singh
Jurisdiction: India
Judgment Date: 06 July 2011
Procedural Posture: Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome: Appeal dismissed, subject to modification in rate of interest.
Legal Topics: Fatal Accidents Act, Compensation for Death by Actionable Wrong, Double Jeopardy, Interest Rate Modification

Tort Law Compensation Law Civil Procedure Fatal Accidents Act Compensation for Death by Actionable Wrong Double Jeopardy Interest Rate Modification

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Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7

Parties

Suba Singh

Appellant

Shingara Singh

Appellant

Davinder Kaur

Respondent

Minor daughter of Surinder Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

1 Whether civil suit for damages is maintainable when criminal conviction exists for the same act
2 Applicability of double jeopardy to civil actions for damages
3 Entitlement of widow to compensation after remarriage

Ratio Decidendi

Court Disposition

Appeal dismissed, subject to modification in rate of interest.

Orders

Rate of interest on compensation reduced from 12% per annum to 6% per annum from date of filing suit till payment.
No order as to costs.