Fatal Injuries Act, 1956

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Death caused by negligent driving of State-owned vehicle.

7.—(1) Where the death of a person is caused by the negligent driving, management or control of a mechanically propelled vehicle belonging to the State, the Minister for Finance shall be liable to an action for damages under this Act for the benefit of the dependants of the deceased.

(2) Notwithstanding anything contained in any other enactment, the proceedings may be brought against the Minister for Finance without obtaining the fiat of the Attorney General.

(3) Every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if the Minister were in fact the master of the said person.

(4) Nothing in this section shall operate to relieve any person from liability in respect of loss caused by his own negligence.