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Restitutionary Rights to Share in Damages: Carers' Claims - Essay Example

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[Author’s name] [Subject] [Date] Business Law Section A Part 1 Background Lancung Transport bus travels from Singapore to Kuala Lumpur. Along the highway, the driver suddenly brakes to avoid hitting a lorry. 25 of the 40 passengers were injured with sprains, broken bones, bruises and cuts…
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Restitutionary Rights to Share in Damages: Carers Claims
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Download file to see previous pages Therefore, he should be attentive while driving. Moreover, he should also drive the bus within their speed limits to ensure safety of the passengers. The driver must ensure that the passengers are wearing seat belts while travelling. Here in this case, despite of the driver’s continuous exhortation for the passengers to sit, they continued dancing. Although, driver is responsible for not driving carefully, but the passengers are also equally responsible. According to Road Accident Compensation, any passengers who have suffered from personal injury and are involved in an accident are entitled to claim damages. Therefore passengers involved in bus accident have certain rights to claim for their compensation for the injuries caused due to accident (Twigg-Flesner et. al 291). Therefore passengers involved in bus accident have certain rights to claim for their compensation for the injuries caused due to accident. Here, as the bus driver is responsible for the accident; therefore the claim by the passengers is made against the bus transport company who has hired that bus driver. The passengers can state the following possible cause for claiming compensation Drivers possessing less experience negligent driving unsafe bus other exceptional circumstances Compensation to Passengers The passengers injured due to bus accident need to take advice from solicitors who helps in quick settlement of the damages and compensation by the injured party (Great Britain et.al 24). The Motor Accident Compensation Act 1999 states that the passengers injured can claim their maximum possible compensation. But the compensation depends upon the extent of damages held by the passengers. The damages incurred are classified as General Damages and/ or Special Damages (Merkin & Stuart-Smith 765). Under General damages, it is the right of passengers to claim compensation for the sufferings and pain they have received i.e. loss of amenity. This compensates passengers for their injuries and the ways those injuries has affected their life (Twigg-Flesner et. al 274). The General Damages considers the inability of passengers to do work after the accident that they use to do before accident such as walking, gardening etc. Besides this, this type of damages also considers the period of sufferings that will clear that the injuries caused are temporary or permanent in nature. The Special damages are the compensation for expenses and losses that has incurred by the passengers. Under this, the person/ company responsible reimburses financial losses i.e. injury related cost and loss of earnings to the passengers injured (Australian Current Law 56). The passengers have right to claim any medical expenditures related to the accident so that the financial loss of passengers could be compensated. Thus, the passengers injured have right to take action against transport company who will settle their damages such as loss of earnings, travelling expenses, assistance and care, future loss of earnings, special care aids, assistance for household chores etc. b) Lancung Transport liable for the action of the driver Road Traffic Act 1988 states that all coaches and buses on British roadways and motorways must be ensured. Some bus service or transport companies can be privately insured; however, in both cases the passenger’s right to claim bus accident compensation remains same (Merkin & Stuart- ...Download file to see next pagesRead More
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