NANI BALA SEN Vs. AUCKLAND JUTE CO LTD

JUDGEMENT

(1.) In this suit I have arrived at a clear conclusion as to what my decision should be.

(2.) The claim is brought under the Fatal Accidents Act (VIII of 1855). The deceased, one Sashi Kanta Sen, was killed by impact with a motor car on the 1 of August 1922, and he left behind him a young widow, two daughters, one six and the other four years of age, and two sons, one of whom was born after his death.

(3.) The issue which I have to determine is whether Sashi's death was caused by the wrongful act, neglect, or default of the defendant's chauffeur who, admittedly, was driving the car at the time when Sashi was stricken down.