THE SIXTH SCHEDULE
[See Sections 3(5) and 5(4)]
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 the expression “member of a family” means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, stepchild, 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.
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 Pakistan in respect of the death of any one passenger, and every such action by whosoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in Pakistan, 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 emitted 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 as appears to the Court to be just and equitable in view of, as the case may be, the provisions of the First, Second, Third, Fourth and Fifth Schedules to this Bill limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Pakistan in respect of the death of the passenger in question.
5. (1) Any person competent to bring an action under Rule 2 of this Schedule may, instead of bringing such action, apply to the carrier to make payment of the amount which could have been recovered in any such action to the members of the passeager’s family mentioned in the certificate granted under Rule 6 to be divided between them in the proportions set out in the certificate.
(2) Where an application under sub-rule (1) is not accompanied by a certificate under Rule 6, the carrier shall advise the applicant to obtain such certificate.
6. (1) Any person competent to bring an action under Rule 2 may apply to the District Judge or the High Court, as the case may be, having jurisdiction to issue a succession certificate following the death of the passenger for the grants of a certificate to the effect that only the persons named therein are the members of the passenger’s family for whose benefit the liability is enforceable under Rule 1.
(2) A certificate under sub-rule (1) shall set out the proportion in which each member mentioned therein shall receive the amount recoverable; and the proportion shall be such as may be agreed upon amongst the members or, in the absence of such agreement, as may be determined by District Judge or, as the case may be, the High Court.
7. For the purpose of the grant of a certificate under Rule 6, the District Judge or the High Court, as the case may be, shall publish, or cause to be published, in such newspapers as he or it may think fit, a copy of the application for such certificate and shall follow, so far as may be, the same procedure as in the case of an application for a succession certificate under the Succession Act, 1925 (XXXIX of 1925), or any applicable law for the time being in force.
8. Payment made by the carrier in accordance with the certificate shall give him full and final discharge from his liability.