Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698067922707.pdf (Guyana)
BILL No.

10 of 1995 Saturday; 20th May, 1995 PARLIAMENT OFFICE, Public Buildings, Georgetown.

Guyana.

15th May, 1995. pu blisbed for general information.

The following Bill which will be introduced in the National Assembly - r, A. Narain, Clerk of the National Assembly.

69 is GUYANA BILL No.

10 of 1995 LAW REFORM (MISCELLANEOUS' AMENDMENTS) BILL 1995 ARRANGEMENT OF SECTIONS SECTION 1.

2.

3.

4.

5.

6.

7.

8.

(Mi~ellaneous Short title.

Amendment of section 12 of the Law Reform Provisions) Act.
AmendmeQt of section 4 of the Motor Vehicles Insurance Party Risks) Act.

Insertion of new section 4A in lthe Motor Vehicles Insurance (Third Party Risks) Act.

Amendment of section 8 of Party Risks) Act.

Amendment of section 4 of the Accidental Deaths and Personal In juries (Damages) Aot.

Repeal and re-enactment of section 9 of the Accidental Deaths and Personal Injuries {Damages) Act.

Certificate of insurance not to be rendered void.


the Motor Vehicles Insurance (Third (Third , , • • A.D, 1995 2 A Bill Intituled AN ACT to amend the Law Reform (Miscellaneous Provisions) Act.

the Motor Vehicles and the Accidental Deaths and Perspnal Act e (Third Party Risks) Act.

(Damages) Injuries Insuranc Enacted by the Parliamen t of Guyana:- Sbort title, Cap.

6:02 Cap, l;l:03 Cap, 99:05 • 1. .

This Act.


which amends the Law Reform (Mis�llaneous A�t, the Motor Vehicles Provisions) and the Accidental may be cited as the Law Reform (Miscellaneous 1995.

(Third Party Risks)Ac t Act, (Damages) Act Amendments) Deaths and Personal Injuries Insurance Amendment of section 12 of the Law Re­ form (Miscell­ aneous ProYlslona) A.et.

Cap.

8:02 2.

Section 12 of lthe Law Reform (Miscellaneous Provisions) Act is hereby amended - as follows (1) in the opening part.
by the for the words "any debt or damage�" (a)in subsection substitution of the words "any debt or damages, in respect of personal debt or damages in �pedt of a person's other than injunes or death"; (b) by the inseiltion immediately after subsection (I) as subsections (IA) and of the following subsection (IB) - to the plaintiff the court shall include of any detit or damages "(IA) In any proceedings tried in any court for the recovery in or respect of personal injuries any other person, in respect of a per· son's death, in the sum as it thinks fit not awarded being less than ten percent per annum on the for whole or any part of those debt or damages the whole or any part of the period between the date when the cause of action the date of the judgement.
interest at such ra!te arose and to be calculated (lB) Any order under this section may pro· vide for interest rates in respect of different for which interest is given whether is the whole or part of the period mentioned in subsectio parts of �he period n (1) or �lA).

"; at different that peiiod • .71 3 (c)by 1Jhe substitution in subsection (2) for the words "four per cent" of the words "six per cent".

3.
3.

Section 4 of the Motor Vehicles Insurance (Third Party Risks) Act is hereby amended as follows - (a)in subsection (1)- (i)by the deletio n of paragraph (ii) of the pro.
viso; Amendment of aec:tton 4 of Ute Motor Vehtcles Insurance (Third Party RI.Ilka ) Act, Cap, 51:03 (ii)by the substitution in paragraph (v) of the proviso for the words "twenty-five dollars'' ,thousand of the words "three hundred and fifty dollars"; thousand (iii)by the substitution in paragraph (vi) of the proviso for the words "one hundred anJ twenty-five "three million thousand dollars" dollars"; of the words (b)in subsection (lB) - (i)by the substitution words "twenty thousand words "three hundred dollars": in paragraph dollars" and fifty thousand (a) for the of the (ii)by the substitution in paragraph words "one hundred thousand dollars'' the words "two million dollars"; (b) for the of (c)by the deletion of subsection (IC).
4, The Motor Vehicles Insuranc e (Third Party Risks) AL·t is hel"C'by amended by the insertion immediately the following section as section 4A.

after section 4 of JnserUon of new section 4A tn the Motor Veblcles Inauranoe (T1Jird Part,, Rl1ks) Act, "Uabtllty re1pecldng aU i,111111engers, any agreement.

or rule of law, to the con­ under a policy of in­ for the purpose of this Act arises out of the 4A.
Notwithstanding �nactment trary liability surance where that liability use of a motor vehitle on a public road shall be in respect of all passen­ gers carried in getting or upon or entering from that on to or alighting or 4 vehicle.

or by reason contract whether for hire or reward of or in pursuance of a or othe�se.".
of employment S. Section· 8 of the Motor Vehicles Insurance (Third Party Risks) Act is hereby amended as follows - (a)in subsection after the words "secition occur for the second suance of section 4 (lB)"; (1), by the insertion immediately 4(1) (b)", where those �ords time, of the words ••or ·in pur­ (b) in subsection (2).

in paragraph (c), in the opening after the words immediately part, by the insertion "death or bodily injury" to property".

of the words "or damage 6.


Section 4 of the Accidental Dea'ths and Personal juries (Damages) words "and child" Act is hereby amended by the substitution of the words "child, brother and sister ... In- for •the 7.
Section 9 of the Accidental Act is hereby repealed Deaths and Personal section sub­ and the following Injurie'i (Damages) stituted therefor - .Amendment of secUon II 'of the iMotor Vehicles Insurance (Tblrd Party Riska) Act Amendment of section 4 cf the Accidental Deaths and Personal lnJurlea (Damages) At.

Cap, 99:05 Repeal and re-enactment of aecUon 9 of tbe Accidental Deatha and Penonal InJurtm (Damagm) Act.

"Asseaament of damagee; disregard t,f benellfa, damages in respect under 9.
Jn assessing of a person's death in an action which have accrued this Act.

benefits to any person or will or may accrue from his estate or otherwise as a re­ sult of his death shall be disregarded."

Certtftcate or fnlurance not to be rendered void.

8.

The amendments made 1by this Act to ,the Motor Vehicles Insurance as rendering (Third Party Risks) AQt, shall not be construed ineffective or void a valid certificate.
of insurance: Provided that where such a certificate has three months or less to remain in force from the commena.� ment of :this Act, it shall continue in full force and effect for three months or until its expiration, as the case may ·be; but where it has more than three months to remain in force from such commen::ement, it shall, subject to the right of the policy holder to be refunded that portion -Of his unspent premium by the insurer.
lapse and be void and of no effe<:t at the end of such s and a new or renewed cer· renewed; issued on or after the commence­ three months unless ·tificate of insurance ment of this Aot shall be subject to the provisions this Act.

of EXPLANATORY MEMORANDUM This Bill seeks ito amend the Law Reform (Miscellaneous Cap.

6:02, the Motor Vehicles and the Accidental Deaths and Personal (Third Party Risks) Injuries (Damages) Insuranrce Act, Cap.

99:05.

Provisions) Act.

Cap.

51:03, Act.


two new subsections Provisions) Oause 2 amends section 12�0 of the Law Reform (Miscellaneous other than (1) shall apply Ito damages or in respect of a person's death.

Oause 2 Act.

Cap.
Oause 2 Act.

Cap.

6:02 to provide that subsection in respect of personal injuries damages inserts for interest cent, on damages in respect of personal vides that interest ra!tes in respect of different tion 12(2) to provide that every judgement six per cent per annum from the time of entering (lA) and (lB).

Subsection (lA) provides fit, being not less than ten per (lB) ·pro­ or dea11h.

Subsection (1) may be calculated parts of the same period.

Oause 2 also amends sec.


at the rate of shall carry interest judgement.

at such rate as the court :thinks awarded under subsection at different separately injuries Qause 3 amengs section 4(1) of the Motor Vehicles Insurance (Third Party Act, Cap.

51:03.

It deletes paragraph in respect of a policy of insurance (ii) of the proviso which only re· carried for hire.
The amendment to coverage for passengers (v) of the proviso to section 4(1) increases Risks) quired insurance paragraph liability injury, from twenty-five dollars (vi)of the �d proviso raises die coverage from one hundred and twenty.five thousand dollars cident for any one claim by any one pe.rson and the amendment to three million concerned.
in the tase of death or of bodily the minimum coverage dollars to �ee hundred for the total claims and fifty-thousand for each vehicle to paragraph thousand dollars for any one ac,.

for Clause 3 also amends section 4(1 B) to increase the minimum coverage in respec!t of a policy of insurance to three hundred thousand by any one person and from one hundred thousand dollars for the ,total claims for any one accident.
and fifty thousand dollars from twr..nty for any one claim dollars to two million in the case of damage to property, dollars Clause 4 inserts Act which provides tha� liability a new section 4A in the Motor Vc,hicles Party Risks) vehicle vehirle.

ment to section 8 of the aforesaid Act to extend the limitation provision arising out of the use of a motor in that Clause 5 effects a consequential amend· and exemption road shall be in respect of all passengers on a public whet1her for reward or otherwise.
to damage to property.

Insurance carried s therein (Third Qause 6 amends section 4 of the Accidental as dependants Deaths and Personal of a (Damages) Act.

Cap.

99:05, to include brothers and sisters Injuries 6 deceased person, for whose benefit an action can •be brought Clause 7 repeals and re-enacts reverses the common law rule.

ij provides that all benefits or may accure to any person from the deceased's estate of his death shall not be taken into considera!tion.

section 9 of that Act.


The section as re-enacted or will as a result or otherwise which have under that Act.

Clause 8 makes cenain transitional provisions.

with :three months or less to i:un would continue to run would coo!tinue for the three months from the commencement or until they expire.

Those with more than at the end of three months from the date of commencement renewed.

of this Act three months.

to run would lapse of this Act.


unless Current insurance for the three months or less certificates Bernard De Santos; Attorney General and Minister of Legal Affairs.