On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 15/02/2013.
22.
—(1) In every action brought under section 20, the court may award such damages as are proportioned to the losses resulting from the death to the dependants respectively except that in assessing the damages there shall not be taken into account —
(a)
any sum paid or payable on the death of the deceased under any contract of assurance or insurance;
(b)
any sum payable as a result of the death under the Central Provident Fund Act (Cap. 36); or
(c)
any pension or gratuity which has been or will or may be paid as a result of the death.
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(1A) In assessing the damages under subsection (1), the court shall take into account any moneys or other benefits which the deceased would be likely to have given to the dependants by way of maintenance, gift, bequest or devise or which the dependants would likely to have received by way of succession from the deceased had the deceased lived beyond the date of the wrongful death.
(2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as has been decided under that subsection.
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(3) In an action brought under section 20 where there fall to be assessed damages payable to a widow in respect of the death of her husband, there shall not be taken into account the remarriage of the widow or her prospect of remarriage.
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(3A) In an action brought under section 20, the damages payable to a former wife of the deceased shall only be in respect of a subsisting maintenance order against the deceased at the time of his death.
(4) If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses.
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(5) Money paid into court in satisfaction of a cause of action under this Act may be in one sum without specifying any person’s share.
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