Bereavement
21.—(1)  An action under section 20 may consist of or include a claim for damages for bereavement.
(2)  A claim for damages for bereavement shall only be for the benefit of such of the following persons as survive the deceased:
(a)the wife or husband of the deceased;
(b)where there is no spouse by or for whom a claim can be made under paragraph (a), the children of the deceased;
(c)where there is no person by or for whom a claim can be made under paragraph (a) or (b), the parents of the deceased or, if the deceased was illegitimate, his mother;
(d)where there is no person by or for whom a claim can be made under paragraph (a), (b) or (c), but the deceased was at the date of his death a minor, any person who during any marriage to which that person was a party treated the deceased as a child of the family in relation to that marriage;
(e)where there is no other person by or for whom a claim can be made under this subsection, any brother or sister of the deceased.
(3)  The right of a person to claim under this section for damages for bereavement shall not survive for the benefit of his estate.
(4)  Subject to subsection (6), the sum to be awarded as damages under this section shall be $15,000.
[7/2009]
(5)  Where there is a claim for damages under this section for the benefit of 2 or more persons, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(6)  The Minister may, by order published in the Gazette, substitute the sum specified in subsection (4) with such other sum as he thinks fit.
[7/2009]