Sosa et Al v Belize International Insurance Company Ltd

• Jurisdiction: Belize
• Judge: Brown, J.
• Judgment Date: 16 June 1989
• Docket Number: Action No. 124 of 1984
• Court: Supreme Court (Belize)
• Date: 16 June 1989

Supreme Court

Brown, J.

Action No. 124 of 1984

Sosa et al

and

Belize International Insurance Co. Ltd.

Mr. M.C.E. Young for plaintiffs.

Mr. Denys A. Barrow for defendants.

Tort - Fatal Accident — Claims made in respect of each parent of two deceased persons individually under the Motor Vehicle Insurance (Third Party Risks) Act, Cap. 193, s. 5(4) — Whether “Parents” in subsection of statute meant both parents jointly.

Brown, J.

1 This claim arises out of a road traffic accident which occurred on the 25th December, 1983. Two motor vehicles were involved is the accident. Thomas Sosa Jr. and Ricardo Sosa lost their lives as a result of bodily injuries sustained. The first and second plaintiffs are the parents of both of the deceased persons. The third plaintiff is the child of one of the deceased persons. Claims have been made in respect of each parent of the two deceased persons individually under the provisions of Section 5(4) of the Motor Vehicle Insurance (Third Party Risks) Act, Chapter 193. The argument put forward is that the intent of the statute is for the sum shown in that subsection under the Heading “PARENTS” to be for both parents jointly. To so hold would mean that where an injured third party out of whose death a claim is made is survived by one parent only then either that parent does not qualify for the benefit or that that parent would be entitled to a half only of the sum specified. Furthermore the interpretation given to the word “Dependant” in section 2, is that it includes parents. So that any dependent parent falls within that category of persons independently under Section 5(4).

2 On the issue of liability the question was raised as to whether in a two vehicle accident where death results the survivors of the deceased third party can just simply claim against either insurer? In seeking the answer to this question we look first to the definition given to THIRD PARTY in section 2 of the Act which I reproduce for convenience sake.

“THIRD PARTY” means any person to or in respect of whom indemnity is payable if bodily injury is sustained by him or if he suffers loss of life or damage to property as a result of motor accident for which coverage is provided under this Ordinance”

3 Section 5(9), (10) and (11) speaks of “Injured Third Party”. The injured third party who has suffered loss of life includes those deriving statutory death benefits through that third party's death for thee...