Neutrality (War Damage To Property) Act, 1941

Persons entitled to compensation under this Act.

3.—(1) Subject to the exceptions made by and the other provisions contained in this Act, every of the following persons shall, on applying therefor in accordance with this Act, be entitled to compensation under this Act in respect of the injury or loss hereinafter mentioned, that is to say:—

(a) every person who has suffered or shall suffer loss by an injury to which this Act applies to his property;

(b) every person who, being the personal representative of a deceased person or a trustee or otherwise in a fiduciary capacity, has suffered or shall suffer loss in his said fiduciary capacity by an injury to which this Act applies to property vested in him in his said fiduciary capacity;

(c) the personal representative of an individual who suffered loss by an injury to which this Act applies to his property during his lifetime;

(d) every person who has suffered or shall suffer loss by reason of an injury to which this Act applies to property charged (otherwise than with a rent) in his favour in any manner or to property on which he has a lien;

(e) every person who, by reason of an injury to which this Act applies to a building, has suffered or shall suffer loss (other than loss by an injury to his property) in respect of which compensation may be awarded under this Act.

(2) Notwithstanding anything contained in the foregoing sub-section of this section, no compensation under this Act shall be payable to or recoverable by any local authority in respect of injury to any street, road, bridge, viaduct, sub-way, water-main, water-pipe, sewer, drain, or culvert which such local authority is required by law to provide, maintain, or repair.

(3) Where the personal representative of a deceased person is awarded compensation under this Act in respect of an injury to which this Act applies which occurred to property of such deceased person in his lifetime, the following provisions shall apply and have effect, that is to say:—

(a) such compensation shall be deemed to have formed part of the estate of such deceased person at his death;

(b) if the said property is real estate, the said personal representative shall hold such compensation upon trust for the person who became entitled to the said property under the will or on the intestacy of such deceased person.

(4) Notwithstanding anything contained in this Act, a person who has (whether before or after the passing of this Act) received from a government or authority outside the State compensation in respect of an injury to which this Act applies shall not be awarded or paid any compensation under this Act in respect of that injury.