Right to support a Minor and an unmarried daughter - Computation of damages

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Roman Dutch Law - Accident - Death of widowed mother - Right to support a Minor and an unmarried daughter - Computation of damages. The widowed mother of the Plaintiffs died in an accident. The 1st Plaintiff an unmarried daughter and the 2nd plaintiff a minor son claimed damages. The District Court awarded Rs. 150,000/- to both Plaintiffs. On appeal the Court of Appeal varied the award by disallowing the claim of the minor son for the reason that he was 18 years of age at the time of the accident and entitled to an orphan’s allowance until the age of 21; and thereafter obliged to support himself; the court awarded Rs. 50,400/- to the 1st plaintiff.

Held: After the exclusion of the claim of the 2nd Plaintiff, the computation of damages on the basis of loss of future support should be on the basis of an apportionment of the deceased’s income between the deceased and the 1st Plaintiff only.

 

Sri Lanka Law Reports [1995] 2 Sri LR.

 

READ JUDGEMENT CLICK HERE LOKUGE AND ANOTHER v. SIRIWARDENE AND ANOTHER

 


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