Exported Live Stock (Insurance) Act, 1943
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PART IV. Recovery of Damages by the Board Against Negligent Shipping or Railway Company. | ||
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Recovery of damages by the Board against negligent shipping or railway company. |
16.—Where— | |
(a) compensation in respect of loss or damage to an animal is payable under section 18 of the Principal Act, or under section 14 of this Act, and | ||
(b) such loss or damage is alleged to have occurred in circumstances creating a legal liability on a shipping or railway company, | ||
the following provisions shall have effect, that is to say:— | ||
(i) the owner or the personal representative of the owner of the animals shall not take proceedings against such company claiming damages in respect of such loss or damage; | ||
(ii) the Board may, in the name and on behalf of such owner or personal representative, take such proceedings; | ||
(iii) if in such proceedings the claim is established the damages to be awarded shall be a sum equal to the amount of such compensation; | ||
(iv) the damages so awarded shall be payable to the Board and when received by the Board paid into the Exported Live Stock (Insurance) Fund; | ||
(v) any costs and expenses incurred by such owner or his personal representative in such proceedings shall be paid by the Board. |