Sri Lanka to get law allowing damage claims for wrongful deaths
ECONOMYNEXT- The Sri Lankan government has introduced a bill on recovery of damages for the death of a person to be legislated in parliament.
The bill was published by the Ministry of Justice and Prison Reforms through a supplementary gazette on 3 September 2018.
Parents, children, sibling, grandparents or a guardian of an individual who died through a wrongful act, omission, negligence or default of another are eligible to apply to recover damages from the person who is responsible for the death, the bill said.
Courts may seek assistance from an expert to determine whether an applicant for the damages has suffered from mental pain and suffering due to the death, and the loss of the love and affection, and care and companionship of the deceased, before awarding damages, the bill said.
It said an applicant who had abandoned the deceased is not entitled to damages.
If an applicant dies before a damage claim is made or a judgement on damages is given, heirs, executors or administrators of the deceased applicant will have no right for the damages, the bill said. (COLOMBO, 4 September, 2018)