MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3FB
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3FB
3FB . Damages for treatment, care and support needs: catastrophic injury
(1) In this section
—
treatment, care and support needs has the meaning
given in the MV(CI) Act section 6.
(2) Subsection (3)
applies to the awarding of damages in respect of catastrophic injury to a
person directly caused by, or by the driving of, a motor vehicle to the extent
that the damages relate to any treatment, care and support needs of the person
that have arisen or will or may arise in the future.
(3) In determining the
amount of damages, no deduction is to be made for any contributory negligence
of the person in relation to the catastrophic injury to which the damages
relate.
(4) If subsection (3)
applies a court awarding damages to a person is to award them in accordance
with that subsection.
[Section 3FB inserted: No. 8 of 2016 s. 46.]