petition and jurisdiction

Hello,

The forum could assist you better if you were more specific with respect to the context, what are the facts and what is the type of accident?

The deceased was painter, he was died due to electrocution while he was painting.

Certain legal issue(s) are involved in the post, which can not be obliged.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

According to the Fatal Accident Act 1976, dependants of the deceased are entitled to file a claim for compensation if the accident was a result of somebody else’s error or negligence.approach a local lawyer for proper guidance and procedure to claim.

Dear Mr Patil, 

Although the facts which you have narrated are not complete so as to give a comprehensive reply but for your general guidance please note the following:-

1. You have mentioned that a painter died due to electrocution while he was painting (referred to as deceased).  The first and the foremost condition to maintain an action under the Fatal Accident Act is the negligence or default or wrongful act by a party who is proposed to be proceeded against. There has to be some  wrongful action or omission by the said person. Thus ensure to include a para relating to this in the claim suit. 

2. The claim suit is to be filed in the court of Civil Judge (Sr Division). Although the same may differ in different jurisdiction as it may depend on the pecuniary limits of the local court.  There is no specific format for the claim suit. The suit has to be as per Order VII CPC.  Further , do not forget to include para relating to the deceased on whose behalf the suit is filed and also the nature of claim such as damages etc. 

3.   The claim will be field by executor or legal representative. 

4. The amount of compensation should be commensurate with the expected future earning of the deceased or based on a formula such as average income capitalization etc. 

Regards

Shubham Bhardwaj (Advocate)

District & Sessions Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

Disclaimer:- The above opinion is only for guidance.