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Report No. 111

6. Damages proportionate to injury.-

(1) In a suit under this Act, such damages may be awarded as are proportioned to the injury resulting from the death to the relatives, and the amount so recovered, shall, after deducting the costs not recovered from the defendant, be divided among1 the relatives in such shares as may be directed by the court.

[Contrast section 3(3), English Act of 1976 as amended in 1982.]

(2) In a suit under this Act, in assessing damages payable to a widow in respect of the death of her husband.

(a) there shall not be taken into account prospects of the marriage of the widow,2

(b) but there shall be taken into account her re-marriage.3

[Contrast section 3(3), English Act of 1976 as amended in 1982.]

(3) If the dependents have incurred funeral expenses in respect of the deceased, damages may, under this section, be awarded in respect of these expenses.4

(4) Damage under this section may be given for tangible as well as for intangible loss.5

[Cf. section 3(5), English Act of 1976.]

1. See para. 6.5.

2. See para. 7.12.

3. See para. 7.12.

4. See para. 6.6.

5. See paras. 6.3 and 6.4.



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