PART IV

Fatal Injuries

47. —(1) In this Part—

“dependant”, in relation to a person whose death is caused by a wrongful act, means any member of the family of the deceased who suffers injury or mental distress;

“member of the family” means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister;

“wrongful act” includes a crime.

(2) In deducing any relationship for the purposes of this Part—

(a) a person adopted under the Adoption Act, 1952 , shall be considered the legitimate offspring of the adopter or adopters;

(b) subject to paragraph (a) of this subsection, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father;

(c) a person in loco parentis to another shall be considered the parent of that other.

48 .—(1) Where the death of a person is caused by the wrongful act of another such as would have entitled the party injured, but for his death, to maintain an action and recover damages in respect thereof, the person who would have been so liable shall be liable to an action for damages for the benefit of the dependants of the deceased.

(2) Only one action for damages may be brought against the same person in respect of the death.

(3) The action may be brought by the personal representative of the deceased or, if at the expiration of six months from the death there is no personal representative or no action has been brought by the personal representative, by all or any of the dependants.

(4) The action, by whomsoever brought, shall be for the benefit of all the dependants.

(5) The plaintiff shall furnish the defendant with 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.

(6) The action shall be commenced within three years after the death.

49. —(1) (a) The damages under section 48 shall be—

(i) the total of such amounts (if any) as the jury or the judge, as the case may be, shall consider proportioned to the injury resulting from the death to each of the dependants, respectively, for whom or on whose behalf the action is brought, and

(ii) subject to paragraph (b) of this subsection, the total of such amounts (if any) as the judge shall consider reasonable compensation for mental distress resulting from the death to each of such dependants.

(b) The total of any amounts awarded by virtue of subparagraph (ii) of paragraph (a) of this subsection shall not exceed one thousand pounds.

(c) Each amount awarded by virtue of paragraph (a) of this subsection shall be indicated separately in the award.

(d) Subparagraph (ii) of paragraph (a) of this subsection shall have effect only in respect of a death occurring within three years after the date of the passing of this Act.

(2) In addition, damages may be awarded in respect of funeral and other expenses actually incurred by the deceased, the dependants or the personal representative by reason of the wrongful act.

(3) It shall be sufficient for a defendant, in paying money into court in the action, to pay it in one sum as damages for all the dependants without apportioning it between them.

(4) The amount recovered in the action shall, after deducting the costs not recovered from the defendant, be divided among the persons entitled in such shares as may have been determined.

50. —In assessing damages under this Part account shall not be taken of—

(a) any sum payable on the death of the deceased under any contract of insurance,

(b) any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the death of the deceased.

51. —A reference in any enactment to the Fatal Accidents Acts, 1846 to 1908, or to any of them shall be construed as a reference to this Part.