Appeal No 419 of 1957
Appeal by certificate from the judgment and decree dated January 16 1953 of the Madras High Court in A section No 164 of 1949
M section K Sastri for the appellants
Ravindra Narain for the respondents
April 14
The Judgment of the Court was delivered by SUBBA RAO J
This appeal by certificate is directed against the judgment of the High Court of Judicature at Madras dated January 16 1953 modifying the decree of the Court of the Subordinate Judge Dindigul in 0
section No 7 of 1948 a suit filed by the respondents for compensation under the provisions of the XIII of 1855
The appellant Gobald Motor Service Ltd hereinafter called the Company was engaged in the business of transporting passengers by bus between Dharapuram and Palni among other places in the State of Madras
On September 20 1947 one of the buses of the Company bearing registration number MDC 2414 left Dharapuram for Palni at about 3 pm
At a place called Thumbalapatti between Dharapuram and Palni one Rajaratnam along with his brother by name Krishnan boarded the bus
The bus met with an accident at about 3 miles from Palni as a result of which some of the passengers including Rajaratnam sustained injuries
Rajaratnam died of 932 the injuries received in the accident on September 23 1947
The first plaintiff his father the second plaintiff his widow and plaintiffs 3 to 7 his sons instituted 0
section No 7 of 1948 against the Company in the Court of the Subordinate Judge Dindigul for compensation under section 1 of the hereinafter called the Act for loss of pecuniary benefit sustained by them personally and under section 2 thereof for the loss sustained by the estate on account of the death of Rajaratnam
They alleged in the plaint that the driver who was in charge of the bus was incompetent and inexperienced that he was guilty of rash and negligent conduct in the driving of the bus and that the accident was the result of his incompetence and negligence
The Company in its written statement denied the said allegations and leaded that the accident was the result of the central plea of the left rear spring suddenly giving way that Rajaratnam was also guilty of contributory negligence and that in any event the damages claimed were excessive
The learned Subordinate Judge came to the conclusion that there was no proof that the bus was driven at a reckless speed at the scene of the accident but the fact that the accident occurred on the off side of the road was itself evidence of his negligence and it had not been rebutted by the defendants
He further held that the driver was not proved to be incompetent
On those findings he held that the defendants were liable for the negligence of their servant and be awarded damages as follows 1Plaintiff 1 
Rs 3600 under section 1 of the Act
2 Plaintiffs 2 to 7
Rs 25200 under section 1 of the Act
3 Plaintiffs 2 to 7
Rs 6000 under section 2 of the Act
Against the said decree the defendants preferred an appeal to the High Court and it came to be disposed of by a division bench of that court
The High Court on a review of the entire evidence held that the speed at which the bus was driven was excessive having regard to the nature of the ground on which the accident happened that there was negligence on the part of the 933 driver and that the appellants were liable therefore
But the High Court discounted the plea that the appellants apart from their being constructively liable for the negligence of the driver were also negligent in employing Joseph who was not a competent driver
Both the courts therefore concurrently held that the accident occurred on account of the negligence of the driver
On the question of damages the High Court confirmed the amount of compensation awarded to the plaintiffs 2 to 7 both under sections 1 and 2 of the Act but in regard to the first plaintiff it reduced the compensation awarded to him from Rs 3600 to Rs 1000 with this modification the appeal was dismissed with costs
Learned counsel for the appellants raised before us the following points 1 The finding of the High Court that the bus was driven at an excessive speed at the place where the accident occurred based on probabilities was erroneous
2 The concurrent finding of the two courts that respondents 2 to 7 would be entitled to damages in a sum of Rs 25200 for the loss of pecuniary advantage to them was not based upon any acceptable evidence but only on surmises
3 The High Court went wrong in awarding damages separately for loss of expectation of life under section 2 of the Act as damages under that head had already been taken into consideration in giving compensation to respondents 2 to 7 for the pecuniary loss sustained by them by the death of Rajaratnam
The first question for consideration is whether the accident was due to any negligence on the part of the driver Joseph
A clear picture of the topography and the physical condition of the locality where the accident took place would to a large extent help us in deciding the said question
The accident took place at Puliampatti where the road passed over a culvert and then took a sharp bend with a downward gradient
To the east of the road was a drain and that was marked off by 5 stones 2 feet high
At a distance of 20 or 25 feet from the stones there were trees
The bus after crossing the culvert crashed against the 5th stone with so much force that the latter 934 was uprooted and broken
It next attacked a tamarind tree which was stated to be at a distance of 20 or 25 feet from the stone and its bark was peeled off and it travelled some more distance before it finally came to rest
The evidence disclosed that some of the passengers were knocked and thrown down within the bus itself and sustained injuries while Rajaratnam was thrown out of the bus into the ditch at a place 161 feet south of the tamarind tree
It must be self evident from the said picture of the accident that the bus must have been driven at a high speed
PWs 3 and 4 two of the passengers in the bus PW 6 a brother of Rajaratnam who also travelled in the bus and PW 5 who ran a coffee and tea stall at the place of the accident swore in the witness box that the bus was being driven at a high speed when the accident happened
Their evidence reinforces the compelling impression of high speed caused by the objective features thrown out by the topography of the place of the accident
On the other hand on the side of the defendants appellants herein D W 2 who claimed to have travelled in the bus deposed that the bus was travel ling at the usual speed but his cross examination discloses that he was an improvised witness
DW 3 who was sitting by the side of the driver deposed to the same effect but he was an employee of the Company and was obviously interested to support their case
The evidence adduced on the side of the defence is certainly not convincing
An attempt was made to calculate the speed of the bus on the basis of the time given by P W 6 as to when Rajaratnam boarded the bus and the time when the bus dashed against the tree and the mileage covered between the two points within the said time
On the basis of such a calculation it was contended that the speed would have been less than 15 miles per hour but it is not possible to deduce the speed from such a calculation as the witnesses were speaking of the time only approximately and not with reference to any watch
That apart it cannot be said that the bus maintained an even pace throughout
The High Court on the basis of the evidence and on broad probabilities held that 935 the speed at which the bus was driven was excessive having regard to the nature of the ground on which the accident happened and having gone through the evidence we are quite satisfied that the said finding was justified on the material placed before them
It must therefore be held that there was negligence on the part of the driver
Apart from the positive evidence in the present case the accident took place not on the main road but on the off side uprooting the stone at the drain and attacking a tamarind tree 25 feet away from the said stone with such a velocity that its bark was peeled off and the bus could stop only after travelling some more distance from the said tree
The said facts give rise to a presumption that the accident was caused by the negligence of the driver
Asquith L J in Barkway vs South Wales Transport Co 1 neatly summarizes the principles applicable as to onus of proof in the following short propositions i If the defendants  omnibus leaves the road and falls down an embankment and this without more is proved then the res ipsa loquitur there is a presumption that the event is caused by negligence on the part of the defendants and the plaintiff succeeds unless the defendants can rebut this pre sumption
ii It is no rebuttal for the defendants to show again without more that the immediate cause of the omnibus leaving the road is a tyre burst since a tyre burst per se is a neutral event consistent and equally consistent with negligence or due diligence on the part of the defendants
When a balance has been tilted one way you cannot redress it by adding an equal weight to each scale
The depressed scale will remain down
This is the effect of the decision in Laurie vs Raglan Building Company Ltd 2 where not a tyre burst but a skid was involved
iii To displace the presumption the defendants must go further and prove or it must emerge from the evidence as a whole either a that the burst itself was due to a specific cause which does not connote negligence on their part but points to its 1  471
2 936 absence as more probable or b if they can point to no such specific cause that they used all reasonable care in and about the management of their tyres
 The same principles have been restated in Halsbury s Laws of England 2nd Edn Vol 23 at p 671 para 956 thus An exception to the general rule that the burden of proof of the alleged negligence is in the first instance on the plaintiff occurs wherever the facts already established are such that the proper and natural inference immediately arising from them is that the injury complained of was caused by the defendant s negligence or where the event charged as negligence tells its own story  of negligence on the part of the defendant the story so told being clear and unambiguous
To these cases the maxim res ipsa loquitur applies
Where the doctrine applies a presumption of fault is raised against the defendant which if he is to succeed in his defence must be overcome by contrary evidence the burden on the defendant being to show how the act complained of could reasonably happen without negligence on his part
Where therefore there is a duty on the defendant to exercise care and the circumstances in which the injury complained of happened are such that with the exercise of the requisite care no risk would in the ordinary course of events ensue the burden is in the first instance on the defendant to disprove his liability
In such a case if the injurious agency itself and the surrounding circumstances are all entirely within the defendant s control the inference is that the defendant is liable and this inference is strengthened if the injurious agency is inanimate
 The said principles directly apply to the present case
Here the events happened tell their own story and there is a presumption that the accident was caused by negligence on the part of the appellants
But it is said that this presumption was rebutted by proof that the accident was due to the rear central bolt of the bus 937 suddenly giving way
The High Court after considering the relevant evidence held that it was not possible to hold that the accident was caused by the break in the bolt
We have gone through the evidence and we do not see any flaw in that conclusion
The scope of the liability of a master for the negligence of his servant has been succinctly stated by Baron Parke in Joel vs Morison 1 thus The master is only liable where the servant is acting in the course of his employment
If he was going out of his way against his master s implied commands when driving on his master s business he will make his master liable but if he was going on a frolic of his own without being at all on his master s business the master will not be liable
 Again in Storey vs Ashton 2 Cockburn LCJ says The true rule is that the master is only responsible so long as the servant can be said to be doing the act in the doing of which he is guilty of negligence in the course of his employment as servant
 In the same case Lush J said The question in all such cases as the present is whether the servant was doing that which the master employed him to do In the present case admittedly on account of the negligence of the driver in the course of his employment the said accident happened and therefore the appellants are liable therefore
The next question is whether the courts below were right in awarding compensation of Rs 25200 for the pecuniary loss unstained by the respondents 2 to 7 by reason of the death of Rajaratnam under section 1 of the Act
Section 1 of the Act reads Whenever the death of a person shall be caused by wrongful act neglect or default and the act neglect or default is such as would if death had not ensued have entitled the party injured to maintain an action and recover damages in respect thereof the party who would have been liable if death had 1 1834 6 Car
 P 501  172 ER 1338
2 118 938 not ensued shall be liable to an action or suit for damages notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony or other crime
Every such action or suit shall be for the benefit of the wife husband parent and child if any of the person whose death shall have been so caused and shall be brought by and in the name of the executor administrator or representative of the person deceased and in every such action the Court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought and the amount so recovered after deducing all costs and expenses including the costs not recovered from the Defendant shall be divided amongst the before mentioned parties or any of them in such shares as the Court by its judgment or decree shall direct This section is in substance a reproduction of the English Fatal Accidents Acts 9 and 10 Vict
93 known as the Lord Campbell s Acts
The scope of the corresponding provisions of the English Fatal Accidents Acts has been discussed by the House of Lords in Davies vs Powell Duffryn Associated Collieries Ltd1
There Lord Russell of Killowen stated the general rule at p 606 thus The general rule which has always prevailed in regard to the assessment of damages under the Fatal Accidents Acts is well settled namely that any benefit accruing to a dependent by reason of the relevant death must be taken into account
Under those Acts the balance of loss and gain to a dependent by the death must be ascertained the position of each dependent being considered separately Lord Wright elaborated the theme further thus at p 611 The damages are to be based on the reasonable expectation of pecuniary benefit or benefit reducible 1 939 to money value
In assessing the damages all circumstances which may be legitimately Pleaded in diminution of the damages must be considered
The actual pecuniary loss of each individual entitled to sue can only be ascertained by balancing on the one band the loss to him of the future pecuniary benefit and on the other any pecuniary advantage which from whatever source comes to him by reason of the death
 The same principle was restated with force and clarity by Viscount Simon in Nance vs British Columbia Electric Railway Company Ltd 1
There the learned Lord was considering the analogous provisions of the British Columbia legislation and he put the principle thus at p 614 The claim for damages in the present case falls under two separate heads
First if the deceased had not been killed but had eked ou t the full span of life to which in the absence of the accident he could reasonably have looked forward what sums during that period would he probably have applied out of his income to the maintenance of his wife and family Viscount Simon then proceeded to lay down the mode of estimating the damages under the first head
According to him at first the deceased man s expectation of life has to be estimated having regard to his age bodily health and the possibility of premature determination of his life by later accidents secondly the amount required for the future pro vision of his wife shall be estimated having regard to the amounts he used to spend on her during his lifetime and other circumstances thirdly the estimated annual sum is multiplied by the number of years of the man s estimated span of life
 and the said amount must be discounted so as to arrive at the equivalent in the form of a lump sum payable on his death fourthly further deductions must be made for the benefit accruing to the widow from the acceleration of her interest in his estate and fifthly further amounts have to be deducted for the possibility of the 1 940 wife dying earlier if the husband had lived the full span of life and it should also be taken into account that there is the possibility of the widow remarrying much to the improvement of her financial position
It would be seen from the said mode of estimation that many imponderable enter into the calculation
Therefore the actual extent of the pecuniary loss to the respondents may depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly a conjecture
Shortly stated the general principle is that the pecuniary loss can be ascertained only by balancing on the one hand the loss to the claimants of the future pecuniary benefit and on the other any pecuniary advantage which from whatever source comes to them by reason of the death that is the balance of loss and gain to a dependent by the death must be ascer tained
The burden is certainly on the plaintiffs to establish the extent of their loss
Both the courts below found on the evidence the following facts 1 The family owned a building worth Rs 200000 at Palni and 120 acres of nanja land worth about Rs 1000 per acre
2 It was engaged in the business of manufacturing Indian patent medicines from drugs and had been running a Siddha Vaidyasalai at Palni for a period of 30 years and had also branches in Colombo and Madras
3 Rajaratnam studied in the Indian School of Medicine for two years and thereafter set up his own practice as a doctor having registered himself as a practitioner in 1940
4 He took over the management of the family Vaidyasalai at Palni
5 Rajaratnam was earning in addition Rs 200 to Rs 250 per month in his private practice
6 He had a status in life being Municipal Councillor of Palni and sometimes its Vice Chairman and was maintaining a fairly good standard of life and owned motor cars
7 He was aged 34 years at the time of his death and therefore had a reasonably long span of life before him if the accident had not taken place
On the said findings the High Court summarized the position thus 941 age 34 carrying on business as a Doctor with reasonable prospects of improving in his business
He was living in comfort and by his early death plaintiff  2 to 7 have lost their prospects of education position in society and even possible provision in their favour
Under the circumstances the award of Rs 25000 as damages must be accepted as quite reasonable
 When the courts below have on relevant material placed before them ascertained the said amount as damages under the first head we cannot in second appeal disturb the said finding except for compelling reasons
Assuming that Rajaratnam had not died he would have spent having regard to his means and status in life a minimum of Rs 250 on respondents 2 to 7 and his income as indicated by the evidence would certainly be more than that amount
The yearly expenditure he had to incur on the members of the family would have been about Rs 3000 and the sum of Rs 25200 would represent the said expenditure for just over 8 years
In the circumstances the balance of loss and gain to the dependents by the death of Rajaratnam in the sense stated by Lord Wright and Viscount Simon could not be less than Rs 25200 indeed having regard to the circumstances of the case it is a moderate sum it is rather a conservative estimate
We therefore accept that figure as representing the damages for respondents 2 to 7 in respect of their claim under the head of pecuniary loss to them by the death of Rajaratnam
The last contention raises an interesting point
Under section 2 of the Act the respondents 2 to 7 were awarded Rs 5000 as damages for loss of expectation of life
It was contended that this amount should go in reduction of Rs 25200 awarded under section 1 of the Act on the ground that otherwise it would be duplication of damages in respect of the same wrong
The second proviso to section 2 of the Act reads Provided that in any such action or suit the executor administrator or representative of the deceased may insert a claim for and recover any 942 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 While section 1 of the Act is in substance a reproduction of the English Fatal Accidents Acts 9  10 Vict
93 known as the Lord Campbell s Acts section 2 thereof corresponds to a provision enacted in England by the Law Reform Miscellaneous Provision Act 1934
The cause of action under section 1 and that under section 2 are different
While under section 1 damages are recoverable for the benefit of the persons mentioned therein under section 2 compensation goes to the benefit of the estate whereas under section 1 damages are payable in respect of loss sustained by the persons mentioned therein under section 2 damages can be claimed inter alia for loss of expectation of life
Though in some cases parties that are entitled to compensation under both the sections may happen to be the same persons they need not necessarily be so persons entitled to benefit under section 1 may be different from those claiming under section 2
Prima facie as the two claims are to be based upon different causes of action the claimants whether the same or different would be entitled to recover compensation separately under both the heads
But a difficulty may arise where the party claiming compensation under both the heads is the same and the claims under both the heads synchronize in respect of a particular sub head or in respect of the entire head
In that situation the question is whether a party would be entitled to recover damages twice over in respect of the same wrong
In England this question came under judicial scrutiny in Rose vs Ford 1
There the question was whether and to what extent deductions would have to be made in giving compensation both under the English Fatal Accidents Acts and the Law Reform Miscellaneous Provision Act 1934
A young woman called Rose was killed in an accident
Her father sued for damages under both the Acts
It was contended that as he got damages for personal loss he could not be 1  835
943 awarded once again compensation for the loss of expectation of life
Though in that case it was held that the father was entitled under both the Acts Lord Atkin made the following observations which are appropriate to the present case I should add that I see no difficulty as to the alleged duplication of damages under the Act of 1934 and the Fatal Accidents Acts
If those who benefit under the last mentioned Acts also benefit under the will or intestacy of the deceased personally the damages under those Acts will be affected
If they do not there seems no reason why an increase in the deceased s estate in which they take no share should affect the measure of damages to which they are entitled under the Act
 A similar question arose in Feay vs Barnwell There Mrs Feay was killed in an accident and her husband sued for damages under both the Acts
It was held that as the husband was the claimant under both the Acts credit should be given in assessing the damages under the Fatal Accidents Acts for what was given to him under the Law Reform Act 1934
So too in Ellis vs Raine 2 where the parents of an infant who had been negligently killed in an accident claimed damages under both the Acts Goddard L J reaffirmed the view that where the parties who would benefit from the damages awarded under the Fatal Accidents Acts were the same as those who would benefit from the damages awarded under the Law Reform Act the damages under the Fatal Accidents Acts must be reduced by the amount given as loss under the Law Reform Act
Finally the same view has been reaffirmed and restated with clarity in Davis vs Powell Duffryn Associated Collieries Ltd 3
There Lord Macmillan described the nature of the two heads thus at p 610 The rights of action in the two cases are quite distinct and independent
Under the Law Reform Act the right of action is for the benefit of the deceased s estate under the Fatal Accidents Acts 1 2 3 944 the right of action is for the benefit of the deceased s dependents
But inasmuch as the basis of both causes of action may be the same namely negligence of a third party which has caused the deceased s death it was natural to provide that the rights of action should be without prejudice the one to the other
It is quite a different thing to read the provision as meaning that in assessing damages payable to dependents under the Fatal Accidents Acts no account is to be taken of any benefit which the dependents may indirectly obtain from an award under the Law Reform Act through participation in the deceased s estate   it is appro priate that any benefit taken indirectly by a dependent by way of participation in an award under the Law Reform Act should be taken into account in estimating the damages awarded to that dependent under the Fatal Accidents Acts Lord Wright addressed himself to the same question and answered it at p 614 thus The injury suffered by the individual from the death cannot be computed without reference to the benefit also accruing from the death to the same individual from whatever source
 The principle in its application to the Indian Act has been clearly and succinctly stated by a division bench of the Lahore High Court in Secretary of State vs Gokal Chand 1
In that case Sir Shadi Lal C J observed at p 453 thus The law contemplates two sorts of damages the one is the pecuniary loss to the estate of the deceased resulting from the accident the other is the pecuniary loss sustained by th e members of his family through his death
The action for the latter is brought by the legal representatives not for the estate but as trustees for the relatives beneficially entitled while the damages for the loss caus ed to the estate are claimed on behalf of the estate and when recovered form part of the assets of the estate
 An illustration may clarify the position
X is the 1 Lahore 451 945 income of the estate of the deceased Y is the yearly expenditure incurred by him on his dependents we will ignore the other expenditure incurred by him
X Y ie Z is the amount he saves every year
The capitalised value of the income spent on the dependents subject to relevant deductions is the pecuniary loss sustained by the members of his family through his death
The capitalised value of his income subject to relevant deductions would be the loss caused to the estate by his death
If the claimants under both the heads are the same and if they get compen sation for the entire loss caused to the estate they cannot claim again under the head of personal loss the capitalised income that might have been spent on them if the deceased were alive
Conversely if they got compensation under section 1 representing the amount that the deceased would have spent on them if alive to that extent there should be deduction in their claim under section 2 of the Act in respect of compensation for the loss caused to the estate
To put it differently if under section 1 they got capitalised value of Y under section 2 they could get only the capitalised value of Z for the capitalised value of YZ ie X would be the capitalised value of his entire income
The law on this branch of the subject may be briefly stated thus The rights of action under sections 1 and 2 of the Act are quite distinct and independent
If a person taking benefit under both the sections is the same he cannot be permitted to recover twice over for the same loss
In awarding damages under both the heads there shall not be duplication of the same claim that is if any part of the compensation representing the loss to the estate goes into the calculation of the personal loss under section 1 of the Act that portion shall be excluded in giving compensation under section 2 and vice versa
In the instant case under section 1 of the Act both the
courts gave compensation to plaintiffs 2 to 7 in a sum of Rs 25200
This sum was arrived at by taking into consideration inter alia the reasonable provision the deceased if alive would have made for them
119 946 Under section 2 both the courts awarded damages for the loss to the estate in a sum of Rs 5000
That figure represents the damages for the mental agony suffering and loss of expectation of life
There was no duplication in awarding damages under both the heads
No material has been placed before us to enable us to take a different view in regard to the amount of compensation under section 2 of the Act
The judgment of the High Court is correct and the appeal fails and is dismissed with costs
Appeal dismissed


Summary:
A bus run by the appellant met with an accident as a result of which R died
R s dependents and heirs eg the father widow and sons brought a suit for compensation under section 1 of the  for loss of pecuniary benefit sustained by them personally and under section 2 thereof for the loss sustained by the estate on account of the death of R The High Court found that the bus was driven at an excessive speed and there was negligence on the part of the driver and that the appellants were liable for the same
On the question of damages it confirmed the amount of compensation of RS
25000 under section 1 of the Act for the loss of pecuniary advantage and of Rs 6000 under section 2 of the Act for loss of expectation of life
The questions for consideration were 1 whether the accident was due 117 930 to any negligence on the part of the driver 2 whether the courts below were right in awarding compensation under section 1 of the Act for pecuniary loss sustained by the widow and the sons of the deceased and 3 whether the sum awarded as damages under section 2 of the Act for loss of expectation of life should go towards the reduction of the compensation awarded for pecuniary loss sustained under section 1 of the Act as otherwise it would be duplication of damages in respect of the same wrong
Held that where on the basis of the evidence and on broad probabilities it is found that the speed at which the bus was driven was excessive having regard to the nature of the ground on which the accident happened there is a presumption that the accident was caused by the negligence of the driver
As the driver was acting in the course of his employment the master would be liable for such accident unless the presumption is rebutted by the master
In the present case on account of the negligence of the driver in the course of his employment the accident happened and therefore the appellant was liable for the same
Barkway vs South Wales Transport Co Ltd 1948 2 All ER 460 Joel vs Morison 1834 6 Car
 P 501 and Storey vs Ashton  applied
That the actual extent of the pecuniary loss to the aggriev ed party may depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly a conjecture
Shortly stated the general principle is that the pecuniary loss can be ascertained only by balancing on the one hand the loss to the claimants of the future pecuniary benefit and on the other any pecuniary advantage which from whatever sources come to them by reason of the death that is the balance of loss and gain to a dependant by the death must be ascertained
Davies vs Powell Duffryn Associated Collieries Ltd and Nance vs British Columbia Electric Railway Company Ltd  followed
Where the courts below have on relevant material placed before them ascertained the amount of damages under the head of pecuniary loss by the dependants of the deceased such findings cannot be disturbed in second appeal except for compelling reason
Held further that the rights of action under sections 1 and 2 of the are quite distinct and independent
If a person taking benefit under both the sections was the same he cannot be permitted to recover twice over for the same loss
In awarding damages under both the heads there shall not be duplication of the same claim that is if any part of the compensation representing the loss to the estate goes into the calculation of the personal loss under section 1 of the Act that portion shall be excluded in giving compensation under section 2 and vice versa
931 in the instant case under section 1 of the Act the sum of com pensation was arrived at by taking into consideration inter alia the reasonable provision the deceased if alive would have made for his widow and sons
Under section 2 the figure for damages awarded for the loss to the estate represents the damages for the mental agony suffering and loss of expectation of life thus there was no duplication in awarding damages under both the heads
Rose vs Ford  Feay vs Barnwell  Ellis vs Raine and Secretary of State V Gokal Chand Lah 451 referred to