ARRANGEMENT OF SECTIONS
1. Short title
3. Action maintainable against person causing death through wrongful act
4. Action to be for benefit of family of deceased
5. Payment into court
6. Funeral expenses may be awarded by way of damages in certain cases
7. Action by persons beneficially interested
8. Plaintiff to deliver full particulars of the persons for whom damages claimed
9. In the event of death, action maintainable against estate
SURVIVAL OF CAUSES OF ACTION
10. Effect of death on certain causes of action
11. Proceedings against, and contribution between, joint and several tortfeasors
12. Apportionment of liability in case of contributory negligence
13. Provisions as to workmen and employers
14. Application of this Part
ABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT
15. Common employment
MANDAMUS, PROHIBITION, CERTIORARI AND HABEAS CORPUS
16. Abolition of prerogative writs and substitution of orders or directions
17. Rules of court
EXECUTION OF INSTRUMENTS BY CORPORATIONS
18. Execution of instruments by or on behalf of corporations
19. Adjustment of rights and liabilities of parties to frustrated contracts
20. Provision as to application of this Part
21. Rents and other periodical payments to accrue from day to day and be apportionable
APPLICATION TO THE GOVERNMENT
22. Act to bind the Government
27 of 1967
9 of 1977
An Act to consolidate, replace and amend certain statutory provisions relating to Compensation in cases of fatal Accident, survival of causes of action, tortfeasors, contributory negligence, common employment, prerogative writs, execution of instruments by corporations, frustrated contracts, apportionment and matters connected therewith
[14TH NOVEMBER 1967]
This Act may be cited as the Statute Law (Miscellaneous Provisions) Act.
(1) In this Part, except where the context otherwise requires—
“child” means a son, a daughter, a grandson, a granddaughter, a stepson and a stepdaughter;
“parent” means a father, a mother, a grandfather a grandmother, a stepfather and a stepmother.
(2) For the purposes of this section, a person shall be deemed to be the child or parent of the deceased person notwithstanding that he was only related to him illegitimately or in consequence of adoption; and accordingly in deducing any relationship which under this section is included within the meaning of the expression “child” and “parent”, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters.
(3) In this section, “adopted person” means a person who has been adopted under any written or customary law for the time being in force in the country in which such adoption took place.
Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (If death had not ensued) have entitled the person 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 notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony.
(1) Every action brought by virtue of this Part shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused, and shall, subject to section 7, be brought by and in the name of the executor or administrator of the person deceased; and in every such action, the court may award such damages as it may think proportioned to the injury resulting from such death to the persons respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned persons in such shares as the court, by its judgment, shall find and direct:
Provided that not more than one action shall lie for and in respect of the same subject-matter of complaint, and that every such action shall be commenced within three years after the death of such deceased person.
(2) In assessing damages, under subsection (1), the court shall not take into account—
(a) any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the passing of this Act;
(b) any widows’ or orphans’ pension or allowance payable or any sum payable under any contributory pension or other scheme declared by the Minister, by notice published in the Gazette, to be a scheme for the purpose of this paragraph.
Notwithstanding section 4, it shall be sufficient, when the defendant pays money into court, that he pays it as a compensation in one sum to all persons entitled under the said section to damages 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 shall think the same sufficient, the defendant shall be entitled to judgment on that issue.
In an action brought by virtue of this Part, the court may award, in addition to any damages awarded under section 4 (1), damages in respect of the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whom and for whose benefit the action is brought.
Where, in any case intended and provided for by this Part, there shall be no executor or administrator of the person deceased, or if no action is brought by such executor or administrator within six months after the death of such deceased person, an action may be brought by and in the name or names of all or any of the persons for whose benefit such action would have been brought, if it had been brought by and in the name of such executor or administrator, and every action so brought shall be for the benefit of the same person or persons as if it were brought by and in the name of such executor or administrator.
In every action brought by virtue of this Part, the plaintiff on the record shall be required, together with the statement of claim, to deliver to the defendant, or his legal representative, full particulars of the person or persons for whom, and on whose behalf, such action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.
(1) Upon the death of any person against whom, were it not for his death, an action would be maintainable by virtue of this Part, such action shall be maintainable against his estate.
(2) No proceedings shall be maintainable in respect of a cause of action which by virtue of this section has survived against the estate of a deceased person, unless either—
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