Chapter VIII Chapter VIII

Liability Due to Accidents

The tramway operator shall, notwithstanding anything contained in any other law, be liable to pay compensation for loss occasioned by the death of or bodily injury to such extent as may be prescribed: Provided that the tramway operator shall not be liable to pay any compensation under this section, if the passenger dies or suffers injury due to:

1. (a) Suicide or attempted suicide;
2. (b) Self-inflicted injury;
3. (c) Any criminal act for which he is responsible;
4. (d) Any act committed by him in a state of intoxication or insanity;
5. (e) Any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by an accident on the tramway system;

Application for compensation An application for compensation arising out of an accident may be made to the claims commissioner by-

1. (a) the person who has sustained the injury or suffered any loss; or
2. (b) all or any of the dependants of the deceased where death has resulted from the accident; or
3. (c) an agent duly authorized by the person injured or all or any of the dependants of the deceased, as the case may be: Provided that where all the dependants of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the dependants of the deceased and the dependants, who have not so joined, shall be impleaded as respondents to the application. Explanation - For the purpose of this section, the word "dependent" shall mean any of the following relatives of a deceased passenger namely:-
4. (a) the wife, husband, minor or dependent son and minor or unmarried daughter or widowed daughter dependent on the deceased and in case the deceased passenger is unmarried or is a minor, his parent(s);
5. (b) the parent(s), minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a predeceased son, if dependent wholly or partly on the deceased passenger;
6. (c) a minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger.
7. (d) the paternal grand - parent wholly dependent on the deceased passenger.