I move amendment No. 1:—
In page 10, Section 18, before paragraph (d), to insert a new paragraph as follows:—
(d) the amount which may be recovered in any such action shall not exceed the actual and the prospective loss resulting from such death to the members of the passenger's family.
When Section 18 was being discussed on Committee Stage, Deputy Costello asked what the measure of damages would be in the event of the death of a passenger. He pointed out that under the section, as it stood, nothing was said but that damages "may be awarded," and that there was likely to be considerable discussion when the section came into operation as to the measure of damages. The object of this amendment is to make clear that the principle of Lord Campbell's Act is to be applied as the measure of the damages to be awarded. That is to say, the amount of damages is to be restricted to an amount proportionate to the actual financial loss sustained by the death of the person concerned. The amount of damages will depend entirely on the amount of dependency and on the actual financial loss suffered and will not contain any element of compassionate or vindictive damages.