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Fiji Legislation |
LAWS OF FIJI
CHAPTER 29
COMPENSATION TO RELATIVES
Ordinances
Nos. 17 of 1920, 7 of 1935, 16 of 1956, 37 of
1966,
Act No. 28 of 1971
AN
ACT RELATING TO THE PAYMENT OF COMPENSATION TO THE FAMILIES OF PERSONS KILLED BY
ACCIDENTS
[14th May, 1920.]
Short title
1.
This Act may be cited as the Compensation to Relatives Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"child" includes son and daughter and grandson and grand-daughter and stepson and stepdaughter, and includes also an illegitimate child;
"parent" includes father and mother and grandfather and grandmother and stepfather and stepmother.
Action to be maintainable where death is caused by neglect, etc.
3.
Where the death of a person is 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, the person or
persons or body of persons, incorporated or
unincorporated, 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,
and although the death was caused under such circumstances
as to amount in law
to a crime.
Action to be for benefit of family
4.
Every such action shall be for the benefit of the wife, husband, parent and
child of the person whose death has been so caused.
To be brought in name of executor, etc.
5.
Every such action shall be brought by and in the name of the executor or
administrator of the deceased person, and the court may
give to the parties
respectively for whom and for whose benefit the action was brought such damages
as are considered proportioned
to the injury resulting from the
death.
(Amended by
37 of 1966, s. 9.)
Appropriation of proceeds
6.
The amount so recovered, after deducting the costs not recovered from the
defendant, shall be divided amongst the before-mentioned
parties in such shares
as the court may
determine.
(Amended
by 37 of 1966, s. 9.)
Money paid into court may be paid in one sum
7.
If the defendant is advised to pay money into court it shall be sufficient that
he pays it in one sum to all persons entitled under
this Act as a compensation
for his wrongful act, neglect or default without specifying the shares into
which it is to be divided
by the court and if the said sum is not accepted, and
an issue is taken by the plaintiff as to its sufficiency, and the court find
the
same sufficient, the defendant shall be entitled to judgment on that
issue.
(Amended by
37 of 1966, s. 9.)
Only one action shall lie
8.
Not more than one action shall lie for the same subject matter of complaint, and
every such action shall be commenced within three
years after the death of the
person deceased.
(Amended by 28 of
1971, s. 2.)
Plaintiff to deliver full particulars of claim made
9.
In every such action the plaintiff on the record shall be required to deliver to
the defendant or his barrister and solicitor, together
with the statement of
claim, full particulars of the person or persons for whom and on whose behalf
the action is brought, and of
the nature of the claim in respect of which
damages are sought to be recovered.
Action may in certain cases be brought by persons beneficially interested
10.-(1)
Where in any of the cases provided for by this Act it happens that there is no
executor or administrator of the deceased person,
or that there being such
executor or administrator no action as hereinbefore mentioned is within six
months after the death of the
deceased person as hereinmentioned brought by and
in the name of his executor or administrator, then such action may be brought by
and in the name or names of all or of any of the persons, if more than one, for
whose benefit such action would have been if it had
been brought by and in the
name of the executor or
administrator.
(2) Every action so
brought shall be for the benefit of the same person or persons and shall be
subject to the same procedure as nearly
as may be as if it were brought by and
in the name of the executor or administrator.
Damages in respect of funeral expenses
11.
In any action brought under the provisions of this Act damages may be awarded in
respect of the funeral expenses of the deceased
person if such expenses have
been incurred by the parties for whose benefit the action is
brought.
(7 of
1935, s. 3.)
Exclusion of certain payments in assessment of damages
12.-(1)
In assessing damages in any action under the provisions of this Act, there shall
not be taken into account-
(a) any sum paid or payable on the death of the deceased under any contract of assurance or insurance;
(b) any widow's or orphan's pension or allowance payable under any contributory pension scheme declared by the Minister, by notice in the Gazette, to be a scheme for the purpose of this paragraph.
(2)
The provisions of this section shall bind the Crown in right of its Government
in Fiji.
(Amended
by 16 of 1956, s. 2.)
Controlled by Ministry of the Attorney-General
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