The author of this article has come across a case where the compensation as per the provisions of the Workmen’s Compensation Act, in case of death, has been paid by the employer and has been received by the legal heirs of the deceased workmen. However, the mother of the deceased has also filed a suit under Section 1A of the Fatal Accidents Act, 1855 for damages/compensation on account of accidental death of her son, which is subjudice. The Fatal Accidents Act, 1855 was enacted to provide compensation for families for loss occasioned by a person caused by actionable wrong. Section 1A of the Fatal Accidents Act provides for suit for compensation to the families of a person for loss occasioned to it by his death by actionable wrong as under :— “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 inju ....