LexSUBA SINGH & ANR. versus DAVINDER KAUR & ANR.
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(2011] 7 S.C.R. 217 SUSA SINGH & ANR. v. DAVINDER KAUR & ANR. (Civil Appeal No. 5197 of 2003) JULY 06, 2011 [AFTAB ALAM AND R.M. LODHA, JJ.] Fatal Accidents Act, 1855 - Suit for damages - Accused persons convicted under the provisions of Penal Code, 1860 A B for committing murder of 'S' - Suit filed under the Fatal C Accidents Act, 1855 by dependents of 'S' claiming damages for the death of 'S' - Civil Judge awarded compensation of Rs. 3 lakhs with interest@ 12% p.a. - However, first appellate court reduced the compensation to Rs. 2 lakhs with interest @ 12% p.a. - Said order upheld by High Court- On appeal, D held: Fatal Accidents Act, 1855 is an Act to provide compensation to the families for loss occasioned by the death of a person caused by actionable wrong - In sub-section (1 )(c) of s. 357, there is clear indication that apart. from the punishment of fine, the person convicted of any offence of E having caused the death of another person or of having abetted the commission of such an offence may also be liable to face a civil action for damages under the Fatal Accidents 1 Act, 1855 in a suit for damages - Rule of double jeopardy is · not applicable to the instant case - On facts, there is no scope F for any interference with the amount of compensation awarded by the first appellate court - However, rate of interest is modified and reduced to 6% p.a.- Code of Criminal Procedure, 1973 - s. 357. Legislation - Need for - Matters like payment of G compensation and damages for death resulting from a wrongful or negligent act governed by Fatal Accidents Act, 1855 an old antiquate Act - Urgent need to bring a 217 H 218 SUPREME COURT REPORTS [2011] 7 S.C.R. A contemporaneous and comprehensive legislation on the said subject. Appellants, 'SB' and 'SS' were convicted under the various provisions of the Penal Code, 1860 for 8 committing murder of 'S' and were sentenced to life imprisonment and imposed fine with default clauses by the High Court setting aside the order passed by the trial court. Meanwhile, respondent No. 1, widow of 'S' filed a suit on behalf of herself and her minor daughter against the appellants claiming Rs. 3 lakhs as damages for C causing death of 'S'. The Civil Judge decreed the suit and awarded compensation of Rs. 3 lakhs to the respondents along with interest @ 12% p.a. from the date of the filing of the suit. On appeal, the amount of compensation was reduced to Rs. 2 lakhs, thirty two thousand seven D hundred, with interest@ 12% p.a. The High Court dismissed the second appeal. Therefore, the appellants filed the instant appeal. During pendency, the Supreme Court acquitted 'SS' E and converted the conviction of 'SB' from s. 302 to s. 304 (I) IPC and reduced the sentence to 5 years rigorous imprisonment and imposed fine. Dismissing the appeal, the Court F HELD: 1.1. The Fatal Accidents Act, 1855 is an act to provide compensation to the families for loss occasioned by the death of a person caused by actionable wrong. A suit for damages for murder of a person, like the instant one, is filed under the Fatal Accidents Act, 1855. [Para 16 G and 17] (226·G-H; 227-B] 1.2. It is elementary that an action for civil damages is not prosecution and a decree of damages is not a punishment. The rule of double jeopardy, therefore, is not H applicable to the instant case. [Para 11] (223-H; 224-A] SUBA SINGH & ANR. v. DAVINDER KAUR & ANR. 219 1.3. Under clauses (b) and (c) of sub-section (1) and A sub-section (5) of Section 357 of Cr.P.C. There is a clear and explicit recognition of a civil suit at the instance of the dependents of a person killed, against his/her killers. In sub-section (1 )(c) of Section 357, there is clear indication that apart from the punishment of fine, the B person convicted of any offence of having caused the death of another person or of having abetted the commission of such an offence may also be liable to face a civil action for damages under the Fatal Accidents Act, 1855 in a suit for damages and sub-section (5) of Section c 357 of the Code makes it all the more clear by stipulating that at the time of awarding compensation in a~ subsequent civil suit relating to the same matter the court shall take into account any sum paid or recovered as compensation under that Section. [Para 12] [225-F-H; 0 226-A] 1.4 ... The submission that the widow of 'S' was not entitled to any compensation because s
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