Second SchedulePROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE

Second Schedule

SECOND SCHEDULE (See section 2) PROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A PASSENGER 1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. In this rule their expression "member of a family" means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child, grandchild: Provided that, in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be of his adopters. 2. An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding rule enforceable, but only one action shall be brought in Bangladesh in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in Bangladesh or, not being domiciled there, express a desire to take the benefit of the action. 3. Subject to the provisions of the next succeeding rule the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the Court may direct. 4. The Court before which any such action is brought may at any stage of the proceedings make any such order appears to the Court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Bangladesh in respect of the death of the passenger in question.