Where death of a person is caused by a wrongful act, neglect or default even amounting in law to a crime, and act, neglect or default is such as would, (if death had not ensued) have entitled injured party to maintain an action and recover damages in respect thereof, under Fatal Accidents Act 1855 such an action or suit may be brought by and in name of a successor, administrator or representative of the deceased person for benefit of wife, husband, parents and children, including grandparents, grandchildren and stepchildren.
In every such action court may award such damages as it thinks fit proportionately to loss suffered by the respective parties for whom and for whose benefit such action is brought, resulting from said death. Provided that not more than one action or suit is brought for and in respect of same subject matter, a claim for recovery of any pecuniary loss occasioned to deceased’s estate by such wrongful act, neglect or default may be inserted in the action or suit.
Under Art. 21 of Limitation Act 1908 such an action or suit if not brought within one year from date of death is barred.