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Fatal Accidents Act

LAWS OF TONGA

[1988 Revised Edition]

CHAPTER 34

FATAL ACCIDENTS ACT

Arrangement of Sections

Section
1 Short title.
2 Action in damages against person causing death through negligence, etc., notwithstanding the death of the injured party.
3 Action to be brought by executor or administrator in first instance.
4 Beneficiaries may bring action if executor or administrator fails to do so within 6 months of death.
5 Plaintiff to deliver to defendant full particulars of claim.
6 Only one action shall lie and must be brought within 12 months of death.

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FATAL ACCIDENTS ACT

Act No. 10 of 1949

AN ACT TO PROVIDE FOR COMPENSATION FOR FAMILIES OF PERSONS KILLED IN ACCIDENTS

Commencement [16th November, 1949]

1 Short title.

This Act may be cited as the Fatal Accidents Act.

2 Action in damages against person causing death through negligence, etc., notwithstanding the death of the injured party.

Whensoever the death of a person shall be caused by wrongful act, negligence or default and the act, negligence or default is such as would (if death had not ensued) have entitled the party injury to maintain a civil action and recover damages in respect thereof, then 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 an offence under the Criminal Offences Act.

3 Action to be brought by executor or administrator in first instance.

Every such action shall be for the benefit of the wife, husband, parent or legitimate child of the person whose death shall have been so caused, and shall be brought in the name of the executor or administrator of the person deceased, and in every such action the court may award such damages as they may think fit having regard to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought: and the amount so recovered in damages shall be divided amongst the parties for whose benefit the action is brought in such shares as the court may direct.

4 Beneficiaries may bring action if executor or administrator fails to do so within 6 months of death.

If there shall be no executor or administrator of the person deceased or if the executor or administrator shall have failed to bring action under this Act within 6 calendar months after the death of such deceased person, it shall be lawful for an action under this Act to be brought by and in the name or names of all or any of the persons for whose benefit such action would have been if it had been brought by and in the name of the executor or administrator.

5 Plaintiff to deliver to defendant full particulars of claim.

In every action under this Act the plaintiff shall deliver to the defendant full particulars of the person or persons on behalf of whom the action is brought and the claim in respect of which it is sought to claim damages.

6 Only one action shall lie and must be brought within 12 months of death

Not more than one action shall be brought for and in respect of the same subject matter of complaint and every action under this Act shall be commenced within 12 calendar months after the death of the deceased person in respect of whom the claim is brought.

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