Number 17 of 1964.
CIVIL LIABILITY (AMENDMENT) ACT, 1964
ARRANGEMENT OF SECTIONS
Section | |
Sums not to be taken into account in assessing damages (personal injury not causing death). | |
Number 17 of 1964.
CIVIL LIABILITY (AMENDMENT) ACT, 1964
Principal Act 1961, No. 41.
1.—In this Act “the Principal Act” means the Civil Liability Act, 1961.
Sums not to be taken into account in assessing damages (personal injury not causing death).
2.—In assessing damages in an action to recover damages in respect of a wrongful act (including a crime) resulting in personal injury not causing death, account shall not be taken of—
(a) any sum payable in respect of the injury under any contract of insurance,
(b) any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the injury.
Amendment of section 27 of Principal Act.
3.—Section 27 of the Principal Act is hereby amended by the addition of the following subsection:
“(5) A claim may be made or a notice may be served pursuant to subsection (1) of this section notwithstanding that the person making the claim or serving the notice denies or does not admit that he is a wrongdoer, and the making of the claim or serving of the notice shall not be taken as implying any admission of liability by him.”
Amendment of section 35 (2) of Principal Act.
4.—Subsection (2) of section 35 of the Principal Act is hereby amended by the insertion of “, subject to paragraph (a) of subsection (1) of this section,” before “neither”.
Amendment of section 36 of Principal Act.
5.—Section 36 of the Principal Act is hereby amended by the addition of the following subsection:
“(5) Notwithstanding anything in section 62, where a claim is made against a person who is insured in respect of a liability alleged in that claim and the claim is not paid by the insurer by reason of its being set off in full against a sum owed to the insured by the person making such claim, the insured or any person representing or deriving title under him shall be entitled to recover from the insurers the amount of such claim.”
Repeals.
6.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Short title, construction and collective citation.
7.—(1) This Act may be cited as the Civil Liability (Amendment) Act, 1964.
(2) The Principal Act and this Act shall be construed together as one Act and may be cited together as the Civil Liability Acts, 1961 and 1964.
SCHEDULE
Enactments Repealed
Number and Year | Short Title | Extent of Repeal |
No. 6 of 1957. | Paragraph (a) of subsection (4) of section 49. | |
No. 41 of 1961. | Paragraph (c) of subsection (1) of section 40; paragraph (d) of subsection (1) of section 49. |