FATAL ACCIDENTS.
No. 3 of 1889.
309
(a) "Child" includes son and daughter, and grandson and granddaughter, and stepson and stepdaughter.
9 & 10 Vict. c. 93, s. 5. [cf. No. 11 of 1936, s. 2
(b) "Parent" includes father and mother, and grandfather and grandmother, and stepfather and stepmother.
3. Whenever the death of a person is caused by any 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 may have been caused in such circumstances as amount in law to felony.
Right of action against person causing death by wrongful act, etc.
9 & 10 Vict. c. 93, s. 1.
for benefit of relations
4. (1) Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death has been so caused, and shall, except as hereinafter provided, be brought by and in the name of the executor or administrator of the deceased person.
(2) In every such action the jury, or, where the action is tried without a jury, the court, may give such damages as they or it may think proportioned to the injury resulting from such death to the parties 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 parties in such shares as the jury by their verdict may find or the court, if the case is tried without a jury, may direct.
Distribution of damages amongst relatives of deceased person.
9 & 10 Vict. c. 93, s. 2.
Action to be brought by executors or administrators if none brought by beneficiaries.
5.-(1) If and so often as it happens, in any of the cases intended and provided for by this Ordinance, that there is no executor or administrator of the person killed within the meaning of this Ordinance, or that, there being such executor or administrator, no such action as aforesaid has, within six months after the death of the person whose death has been caused as aforesaid, been brought by and in the name of his executor or administrator, then and in every such case such action may be brought by and in the name or names of all or 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 such executor or administrator.
27 & 28 Vict. c. 95, s. 1.