Malaysia legislation
Section 7
Seksyen 7
(2)
Every such action shall be for the benefit of the wife, husband, parent, and child, if any, of the person whose death has been so caused and shall be brought by and in the name of the executor of the person deceased.
(3)
In every such action the Court may give such damages, as it thinks proportioned to the loss resulting from such death to the parties respectively for whom and for whose benefit such action is brought:
Provided that—
(i)
in assessing such damages there shall not be taken into account any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the coming into force of this Ordinance;
(ii)
damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought:
1e w, Acl 30/66>
(4)
The amount so recovered after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties, or any of them in such shares as the Court by its judgment or decree directs.
(5)
Not more than one action shall be brought for and in respect of the same subject matter of complaint, and every such action shall be brought within three years after the death of such deceased person.
(6)
In any such action the executor of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect, or default, which sum when recovered shall be deemed part of the assets of the estate of the deceased.
(7)
The plaint or writ or summons in any such action shall give full particulars of the person or persons for whom or on whose behalf such action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.
(8)
If there is no executor of the person deceased or there being such executor no action as in this section mentioned has, within six calendar months after the death of such deceased person, been brought by the executor, such action may be brought by all or any of the persons, if more than one, for whose benefit such action would have been brought if it had been brought by the executor, and every action so to be brought shall be for the benefit of the same person or persons and shall be subject to the same procedure as nearly as may be as if it was brought by the executor.
(9)
It shall be sufficient for any defendant in any action brought under this section to pay any money, he is advised to pay into Court as a compensation, in one sum to all persons entitled under this section for his wrongful act, neglect, or default, without specifying the shares into which it is to be divided.
(10)
If the said sum is not accepted and an issue is taken by the plaintiff as to its sufficiency and the Court thinks the same sufficient, the defendant shall be entitled to judgment upon that issue.
(11)
In this section unless the context otherwise requires—
"parent" includes father, mother, grand-father and grand-mother;
"child" includes son, daughter, grandson, granddaughter, stepson and stepdaughter:
Provided that in deducing any relationship referred to in this sub-section any illegitimate person or any person who has been adopted, or whose adoption has been registered, in accordance with the provisions of any written law shall be treated as being or as having been the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters.