FATAL ACCIDENTS 1

c80. 125 THE FATAL ACCIDENTS ACT inn
17 at 1955.

Act
23 of 1979. 11845.1

1. This Act may be cited as the Fatal Accidents Act.

Z.-(l) In this Act-

Shorttltle.

Interprcta-
tion.

“benefit” means any benefit or sum of money paid or 3,979
payable by a friendly society or a trade union for
the relief or maintenance of a member’s depend-
ants and includes a return of contniutions;

“child” includes son and daughter, and grand-son and
grand-daughter, and stepson and stepdaughter;

“insurance money” means any sum payable in con- 2311979
formity with the National Insurance Act or under
a contract of assurance or insurance whether made
before or after the 7th day of September, 1979,
and includes a return of premiums;

“near relations” in relation to a deceased person, means
the wife, husband, parent, child, brother, sister.
nephew or niece of the deceased person;

“parent” includes father and mother and grand-father
and grand-mother, and stepfather and step-
mother;

payment of a lump sum in respect of a person’s
employment;

“person” shall apply to bodies politic and corporate;
“personal representative”, in relation to a deceased 231 1979

person means the executor or administrator of the
deceased person;

s. 2.

‘‘pension” includes a return of contributions and any 2311979 s. 2.

s. 2.

[The idusion of this page IS authormd by L.N. S7/19801

FATAL ACCIDENTS

Action
maintain-
able
against
person
causing
death
through
neglecl, etc.

Mode and
manner of
commence-
ment of an
actiiin and
asieSsment
of damages.

(2) For the purposes of this Act a person shall be
deemed to be the parent OT child of the deceased person
notwithstanding that he was only related to him illegiti-
mately; and accordingly in deducing any relationship which
under the provisions of this Act is included within the
meaning of the expressions “parent” and “child” any illegi-
timate person shall be treated as being, 01 as having been,
the legitimate offspring of his mother and reputed father.

3. Whensoever 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 injured to maintain an action, and recover
damages in respect thereof, then and in every such case
the person who would have been liable, if death had not
ensued, shall be liable to an action for damages notwith-
standing the death of the person injured and although the
death shall have been caused under such circumstances as
amount in law to felony.

4.-(1) Any action brought in pursuance of the provisions

(a) by and in the name of the personal representative
of the deceased person; or

(b ) where the office of the personal representative of
the deceased is vacant, or where no action has been
instituted by the personal representative within six
months of the date of death of the deceased person,
by or in the name of all or any of the near relations
of the deceased person,

and in either oase any such action shall be for the benefit

of this Act shall be brought-

of the w a r relations of the deceased person.

(2) Any such action shall be commenced within three
years after the death of the deceased person or within such

[The inclusion of thm page 1s authonzed by LN. 57/1980]

FATAL ACCIDENTS 3

longer period as a court may, if satisfied that the interests
of justice so require, allow.

(3) Only one such action shall be brought in respect
of the same subject matter of complaint.

(4) If in any such action the court finds for the
plaintiff, then, subject to the provisions of subsection (3, the
court may award such damages to each of the near relations
of the deceased person as the court considers appropriate
to the actual or reasonably expected pecuniary loss caused
to him or her by reason of the death of the deceased person
and the amount so recovered (after deducting the costs not
recovered from the defendant) shall be divided accordingly
among the near relations.

(5) In the assessment of damage under subsection (4)
the court-

(a) may take into account the funeral expenses in
respect of the deceased person, if such expenses
have been incurred by the near relations of the
deceased person;

(b ) shall not take into account any insurance money,
benefit, pension, or gratuity which has been or will
or may be paid as a result of the death;

(c) shall not take into account the remarriage or
prospects of remarriage of the widow of the
deceased person.

5. In every such action the plaintiff on the record shall p w t o
deliver full be required, together with the statement of claim, to deliver

to the defendant, or his solicitor, full particulars of the $;Ens
person or persons for whom, and on whose behalf, such forwhom
action shall be brought, and of the nature of the claim in claimed.
respect of which damages shall be sought to be recovered.

damages

me inclusion of Chk page i s authorized by L.N. 57/19801