22Actions for damages in respect of third party liabilities

22 Actions for damages in respect of third party liabilities

(1)  [Section 22 Subsection (1) amended by No. 20 of 2002, s. 12, Applied:01 Aug 2002] [Section 22 Subsection (1) amended by No. 49 of 1997, Applied:01 Dec 1997] An action in which damages for personal injury are sought in respect of any motor accident shall be heard before a court without a jury.

(1A)  *[Section 22 Subsection (1A) inserted by No. 122 of 1977, s. 9 ]*A court shall not make an order for damages in respect of an action referred to in subsection (1) unless it is satisfied that the Board has had reasonable opportunity of being heard in the proceedings.

(2)  *[Section 22 Subsection (2) amended by No. 40 of 1974, s. 13 ]*Where damages are awarded in respect of –

(a) [Section 22 Subsection (2) amended by No. 49 of 1997, Applied:01 Dec 1997] [Section 22 Subsection (2) amended by No. 20 of 2002, s. 12, Applied:01 Aug 2002] personal injury to any person resulting directly from a motor accident; and

(b) any other loss or damage –

the court, in order to determine the liability of the Board under this Part, shall, as part of its judgment, direct what portion of the damages, and what portion of any costs awarded, shall be in respect of the death or bodily injury.

(3)  [Section 22 Subsection (3) substituted by No. 49 of 1997, s. 13, Applied:01 Dec 1997] [Section 22 Subsection (3) substituted by No. 20 of 2002, s. 12, Applied:01 Aug 2002] If –

(a) personal injury, other than death, results directly from a motor accident; and

(b) the person suffering that personal injury –

(i) [Section 22 Subsection (3) amended by No. 61 of 2009, s. 6, Applied:20 Nov 2009] in contravention of the , was not wearing a seatbelt at the time when the injury was suffered; and