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Dáil Éireann díospóireacht -
Wednesday, 8 Feb 1956

Vol. 154 No. 1

National Loan, 1956. - Fatal Injuries Bill, 1954—From the Seanad.

The Dáil went into Committee to consider amendments from Seanad Éireann.

I move that the Dáil agree with the Seanad in the following amendments:—

SECTION 1

In sub-section (1), line 11, "January" deleted and "April" substituted.

SECTION 2.

In the definition of "dependent", line 16, "tort" deleted and "wrong ful act, neglect, or default" substituted.

The definition of "tort", line 22, deleted and "‘wrongful act, neglect, or default' includes a crime" substituted.

SECTION 3.

Sub-section (1), page 2, deleted and the following sub-section substituted:—

(1) Where the death of a person is caused by the wrongful act, neglect, or default 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 dependents of the deceased.

Sub-section (6), page 3, deleted.

SECTION 4.

Sub-section (1), page 3, deleted and the following sub-section substituted:—

(1) The damages under Section 3 shall be the total of such amounts as the jury or the judge, as the case may be, may think proportioned to the injury resulting from the death to each of the dependents, respectively, for whom or on whose behalf the action is brought, and each such amount shall be separately indicated in the award.

Sub-section (2), page 3, deleted and the following sub-section substituted:—

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

In sub-section (4), line 22, "parties" deleted and "persons" substituted.

Question put and agreed to.
Amendments reported and agreed to.
Seanad to be informed accordingly.
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