Volume VII
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Recovery of Damages for the Death of a Person ACT

Arrangement of Sections

1. Short title.

2. Right to maintain an action.

3. Damages for the death of a person.

4. No right of succession.

5. Assistance of an expert.

6. Damages where abandonment has occurred.

7. The provisions of this Act in addition to any other remedy.

8. Sinhala text to prevail in case of inconsistency.

2 of 2019.

AN ACT to provide for the recovery of damages for the death of a person caused by a wrongful act, omission, negligence or default of another and to provide for matters connected therewith and incidental thereto.

[Date of Commencement: 18th January, 2019]

1. Short title.

This Act may be cited as the Recovery of Damages for the Death of a Person Act.

2. Right to maintain an action.

(1) Where the death of a person is caused by a wrongful act, omission, negligence or default of another, the person referred to in subsection (2) (hereinafter referred to as the “applicant”) shall have the right to maintain an action for damages in respect thereof, against the person whose wrongful act, omission, negligence or default caused the death of such person.

(2) The action may be maintained by—

(a) the spouse;

(b) a parent or the parents jointly;

(c) a child or the children jointly;

(d) a sibling or the siblings jointly;

(e) a grandparent or the grandparents jointly; or

(f) the guardian.

3. Damages for the death of a person.

In an action to recover damages for the death of a person, the applicant may recover damages for—

(a) the loss of that person’s love and affection and care and companionship; and

(b) the mental pain and suffering.

4. No right of succession.

Where an applicant dies—

(a) before a claim under this Act is made; or

(b) after a claim is made but before a judgment is delivered,

the heirs, executors or administrators of such deceased applicant shall have no right for the damages.

5. Assistance of an expert.

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