22. Assessment of damages
Feedback & supportLast amended by an amending law of 2009.
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 —
action
“action” means an action brought in Singapore.(4) Nothing in sections 15, 16, 17 and 18 shall affect any case where the debt in question became due or, as the case may be, the damage in question occurred before 1 January 1999.(5) A person shall not be entitled to recover contribution or be liable to make contribution in accordance with section 15 by reference to any liability based on breach of any obligation assumed by him before 1 January 1999.(6) The right to recover contribution in accordance with section 15 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under sections 15, 16, 17 and 18 in corresponding circumstances; but nothing in sections 15, 16, 17 and 18 shall affect —(a)any express or implied contractual or other right to indemnity; or(b)any express contractual provision regulating or excluding contribution,which would be enforceable apart from sections 15, 16, 17 and 18 (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from sections 15, 16, 17 and 18). A person is liable in respect of any damage for the purposes of sections 15, 16, 17 and 18 if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compensation from him in respect of that damage (whatever the legal basis of this liability), whether tort, breach of contract, breach of trust or otherwise). References in sections 15, 16, 17 and 18 to an action brought by or on behalf of the person who suffered any damage include references to an action brought for the benefit of his estate or dependants. For the purposes of sections 15, 16, 17 and 18 —(a)“dependants” has the same meaning as in section 20; and(b)except in section 15(5),
any sum paid or payable on the death of the deceased under any contract of assurance or insurance;
any sum payable as a result of the death under the Central Provident Fund Act 1953; or
any pension or gratuity which has been or will or may be paid as a result of the death.
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.
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.
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.
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.
If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses.
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.