Act of Parliament · As enacted
Recovery of Damages for the Death of a Person Act 2019
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Recovery of Damages for the Death of a Person Act, No. 2 of 2019.
Where the death of a person is caused by a wrongful act, omission, negligence or default of another, the person referred to in subsection (2) (hereinafter referred to as the “applicant”) shall have the right to maintain an action for damages in respect thereof, against the person whose wrongful act, omission, negligence or default caused the death of such person.
The action may be maintained by—
the spouse;
a parent or the parents jointly;
a child or the children jointly;
a sibling or the siblings jointly;
a grandparent or the grandparents jointly; or
the guardian.
s 3Damages for the death of a person
In an action to recover damages for the death of a person, the applicant may recover damages for—
the loss of that person’s love and affection and care and companionship; and
the mental pain and suffering.
s 4No right of succession
Where an applicant dies—
before a claim under this Act is made; or
after a claim is made but before a judgment is delivered, the heirs, executors or administrators of such deceased applicant shall have no right for the damages.
s 5Assistance of an expert
The Court may, for the purpose of deciding any matter under this Act, call on one or more persons specially skilled in any matter relevant to the matter under consideration, for assistance.
s 6Damages where abandonment has occurred
Any applicant who has abandoned the deceased person shall not be entitled to claim damages under this Act.
s 7The provisions of this Act in addition to any other remedy
The provisions of this Act shall be in addition to and not in derogation of any other right or remedy provided by any other written law or unwritten law.
s 8Sinhala text to prevail in case of inconsistency
In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.