FATAL ACCIDENTS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Action maintainable against person causing death through neglect, etc

   4   Mode and manner of commencement of an action and assessment of damages

   5   Plaintiff to deliver full particulars of the persons for whom damages claimed

 

THE FATAL ACCIDENTS ACT

[Date of Commencement: 1845]

Cap 125.

Law 17 of 1955.

Act 23 of 1979.

1   Short title

   This Act may be cited as the Fatal Accidents Act.

2   Interpretation

   (1) In this Act-

   "benefit" means any benefit or sum of money paid or payable by a friendly society or a trade union for the relief or maintenance of a member's dependants and includes a return of contributions;

   "child" includes son and daughter, and grand-son and grand-daughter, and step-son and step-daughter;

   "insurance money" means any sum payable in conformity 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;

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[23/1979 s 2.]

   "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 step-father and step-mother;

   "pension", includes a return of contributions and any payment of a lump sum in respect of a person's employment;

[23/1979 s 2.]

   "person" shall apply to bodies politic and corporate;

   "personal representative", in relation to a deceased person means the executor or administrator of the deceased person;

[23/1979 s 2]

   (2) For the purposes of this Act a person shall be deemed to be the parent or child of the deceased person notwithstanding that he was only related to him illegitimately; 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 illegitimate person shall be treated as being, or as having been, the legitimate offspring of his mother and reputed father.

3   Action maintainable against person causing death through neglect, etc

   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 notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony.

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