Singapore legislation
Section 21
Section 21
Compensation in respect of requisition or acquisition of vehicles, vessels and aircraft
(1)
Subject to this section, the compensation payable under this Act in respect of the requisition of any vehicle, vessel or aircraft is the aggregate of the following sums:
a sum equal to the amount which might reasonably be expected to be payable by a person for the use of the vehicle, vessel or aircraft during the period of the requisition, under a charter or contract of hiring whereby the person undertook to bear the cost of insuring, maintaining and running the vehicle, vessel or aircraft;
a sum equal to the cost of making good any damage to the vehicle, vessel or aircraft not resulting in a total loss thereof, which may have occurred during the period of the requisition, no account being taken of fair wear and tear;
in a case where, during the period of the requisition, a total loss of the vehicle, vessel or aircraft occurs, a sum equal to the value of the vehicle, vessel or aircraft immediately before the occurrence of the damage which caused the loss.
(2)
In computing for the purposes of subsection (1)(a), the amount which might reasonably be expected to be payable for the use of any vehicle, vessel or aircraft, no account is to be taken of any appreciation in the value thereof due to any disaster or war, whether actual or imminent.
(3)
No compensation is by virtue of this section payable in respect of any loss of, or damage to, any vehicle, vessel or aircraft arising in consequence of any disaster or war operations, unless it is shown that, at the time when the loss or damage occurred, the risk of the vehicle, vessel or aircraft being lost or damaged in consequence of the disaster or war operations was materially increased by reason of the requisition thereof in the exercise of any power under this Act.
(4)
Any compensation under subsection (1)(a) is considered as accruing due from day to day during the period for which the vehicle, vessel or aircraft is requisitioned in the exercise of any power under this Act, and be apportionable in respect of time accordingly, and must be paid to the person who, at the time when the compensation accrues due, is the owner of the vehicle, vessel or aircraft.
(5)
Where, on the day on which any compensation accrues due by virtue of subsection (1)(a), a person other than the owner of the vehicle, vessel or aircraft is, by virtue of a subsisting charter or contract of hiring, the person who would be entitled to possession of, or to use, the vehicle, vessel or aircraft but for the requisition, the person to whom the compensation is paid is deemed to receive it as a trustee for the firstmentioned person.
(6)
Any compensation under subsection (1)(b) or (c) accrues due at the end of the period of the requisition, and must, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft.
(7)
In this section, “total loss” has the same meaning as it has for the purposes of the law relating to insurance, and accordingly is to be construed as including constructive total loss; and upon the payment to any person of any compensation which has become payable by virtue of subsection (1)(c) in respect of any loss, the Government has the same right to take over an interest in whatever remains of the vehicle, vessel or aircraft, and the same rights and remedies in and in respect of the vehicle, vessel, or aircraft, as it would have if the payment had been made by the Government as the insurer under a contract insuring that person against the loss.
(8)
The compensation payable under this Act in respect of the acquisition of any vehicle, vessel or aircraft is a sum equal to the value of the vehicle, vessel or aircraft immediately before the acquisition, no account being taken of any appreciation due to any disaster or war, whether actual or imminent, and must, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft.
(9)
For the purpose of assessing any compensation under subsection (8) in respect of the acquisition of any vehicle, vessel or aircraft, no account is to be taken of any compensation under subsection (1)(a) or (b) which may have become payable in respect of the requisition of that vehicle, vessel or aircraft.
(10)
Where, at any time during the period for which a vehicle, vessel or aircraft is requisitioned by or on behalf of the competent authority in the exercise of any power under this Act, a written notice stating that the vehicle, vessel or aircraft is to be treated as acquired by or on behalf of the competent authority is served on the owner thereof by the competent authority, then, for the purposes of this section, the vehicle, vessel or aircraft is deemed to have been acquired by or on behalf of the competent authority in the exercise of any power under this Act immediately before the day on which the written notice was served and the period of requisition is deemed to have ended at the time when the acquisition of the vehicle, vessel or aircraft that is deemed by virtue of this subsection to have been effected.