I move amendment No. 83 :
In subsection (1), page 23, line 58, to delete " neglect or default,".
This is a consequential amendment on the new definition of " act " in section 2. The Committee will be asked to agree to a similar consequential amendment later on in this subsection and in subsection (1) of section 51.
I move amendment No. 84 :
In subsection (1), page 23, line 59, to delete " loss " and substitute " injury or mental distress ".
This is a drafting amendment. I want to make it clear that an action will lie for mental distress although there is no financial loss.
In the Fatal Injuries Act, you start off by speaking of dependants. That means any member of the family who suffers loss. It is not who suffers injury.
Injury is included.
My trouble is when I go back to the definition I find " injured person ". You find personal injury, disease and infirmity, permanent physical or mental condition.
That would not cover " loss " in Part IV.
I am taking the case of a person whose physical health is such that he cannot do the same work after as he did before. Do you want to allow him to claim for his loss of wages ?
The title of that Act is the Fatal Injuries Act. You have " loss " on which the whole damages to the dependants are based.
I doubt if it is quite right to say " loss ". Damages are " proportioned to the injury " under section 52.
I move amendment No. 85 :
In subsection (1), page 24, line 5, to delete ", neglect or default ".
This amendment is consequential on the earlier amendment to section 2, which defines " act ".
