CHAPTER
71
FATAL ACCIDENTS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Action maintainable notwithstanding death of
person injured. |
Persons for whose benefit action may be brought. |
|
Assessment of damages for widowers, widows and
children. |
|
|
Plaintiff to deliver particulars of person for
whom damages claimed. |
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CHAPTER 71 |
FATAL ACCIDENTS |
An Act to
amend the law relating to the compensation of the families of persons killed by
accident. | 25 of 1976
9 of 1995 |
[Commencement 29th
December, 1976] |
1. This Act may be cited as the Fatal Accidents Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"adopted"
means adopted in pursuance of an adoption order made under the
Adoption of Children Act or in pursuance of an order of a court in any country
which the Supreme Court is satisfied has jurisdiction to make an order making
similar provision with similar effect to an order made in pursuance of that
Act; |
"child"
includes grandchild; |
"person
entitled" means a person for whose benefit an action may be brought under
this Act; |
"parent"
includes grandparent. |
(2) In construing
any relationship for the purposes of this Act- |
(a) an adopted
person shall be treated as a child of the person or persons by whom he was
adopted and not as the child of any other person; and subject thereto, |
(b) any
relationship by affinity shall be treated as a relationship by consanguinity,
any relationship of the half blood as a relationship of the whole blood and the
stepchild of any person as his child; and |
(c) an
illegitimate person shall be treated as the legitimate child of his mother or
reputed father. |
3. (1) Where the death of any person is caused by the
wrongful act, neglect or default of any other person and such act, neglect or
default would but for his death have entitled the person injured to maintain an
action for damages in respect thereof, the person who would have been liable if
death had not ensued shall be liable to an action for damages notwithstanding
the death of the person injured. | Action maintainable notwithstanding death of person
injured. |
(2)
Notwithstanding any rule to the contrary, no action for damages under
subsection (1) shall be stayed on the ground that criminal proceedings are
pending or have not been taken. |
4. (1) An action under this Act shall be brought for the
benefit of any person who is the wife, husband, parent or child of the deceased
or who is, or is the issue of, a brother, sister, uncle or aunt of the deceased
person. | Persons for whose benefit action may be brought. |
(2) An action
under this Act shall be brought in the name of- |
(a) the
executor or administrator of the deceased on behalf of any or all persons
entitled; or |
(b) where there
is no executor or administrator of the deceased or where the executor or
administrator of the deceased fails to institute an action within six months
after the date of death of the deceased, any person or persons entitled, on
behalf of all persons entitled. |
5. (1) In any action under this Act, the court may award
such damages as it may think proportioned to the injury resulting from the
death to the persons entitled respectively; and shall, after deducting costs
not recovered from the defendant, divide such damages among such parties in
such shares as the court may direct. | Damages. |
(2) Damages may be
awarded in respect of the reasonable funeral expenses of the deceased person if
such expenses have been incurred by a person entitled. |
(3) In assessing
damages in any action under this Act, there shall not be taken into account any
insurance money, benefit, pension or gratuity which has been, or will or may
be, paid as a result of the death. |
(4) In subsection
(3) of this section- |
"benefit"
means benefit under the National Insurance Act, and any payment by a friendly
society or trade union for the relief or maintenance of a member's dependants; |
"gratuity"
includes a gratuity payable upon the death of a public officer or police
officer under the Pensions Act or the Police Act; |
"insurance
money" includes a return of premiums; and |
"pension"
includes a return of contributions and payment of a lump sum in respect of a
person's employment. |
6. In assessing damages payable under this Act- | Assessment of damages for widowers widows and
children. |
(a) to a
widower in respect of the death of his wife or to a widow in respect of the
death of her husband, there shall not be taken into account the remarriage of
the widower or widow or his or her prospects of remarriage as the case may be;
or |
(b) to a child
in respect of the death of his father, there shall not be taken into account
the remarriage or prospects of remarriage of the surviving mother. |
7. A defendant in any action under this Act may pay into
court one sum in compensation of all persons entitled without specifying the
shares into which it is to be divided. | Payment into court. |
8. Not more than one action shall lie in respect of the
same subject matter of complaint under this Act. | Limitation of action. |
9. In any action under this Act, the plaintiff shall
deliver to the defendant together with his statement of claim full particulars
of the person or persons for whom or on whose behalf the action is brought and
of the nature of the claim in respect of which damages are sought to be
recovered. | Plaintiff to deliver particulars of person for whom
damages claimed. |
10. This Act shall apply only to actions brought in
respect of deaths occurring after the commencement of this Act. | Application of Act. |
11. (1) The Fatal Accidents Act is repealed. | Repeal and transitional. |
(2)
Notwithstanding the repeal of the Fatal Accidents Act, any action which, if
this Act had not been passed, would have been maintainable under that Act in
respect of a death occuring before the commencement of this Act may be
maintained, and if already commenced may be continued, and determined in
accordance with the provisions of that Act and in all respects as if this Act
had not been passed. |