PARLIAMENT

Taranaki Daily News, Volume LII, Issue 275, 29 December 1909, Page 2

PARLIAMENT

TUESDAY, DECEMBER 28. LEGISLATIVE COUNCIL i)y Telegraph—Press Association. • Wellington, Jjdst Night. The Council mci at 2.30, and immediately adjourned until 8.30, there beiuj; no business ready .from "another place.' 1 HOUSE OF REPRESENTATIVES,

A COMPENSATION CASE. I Mr. Duvey, chairman of the Public Petitions Committee, reported on the petition of Burton, an ex-.motorman of tin. Wellington City Council, who received lifelong injuries as the result of the collision of a car driven by liim with a waggon driven liy n State coil depot employee. This case has been frequent!.* referred to in tile House ill referent t to the Crown Suits Act, and its suggi-.. Ed amendment so as to allow individual.to bring actions against the State I,:partinenK Mr. Duvey read the whole of the evidence of Barton, and the representative of the South British lin surance Co., from which it appear: l l that Barton had been advised by a soli eitor in Christchurch not to bring an action under the Workers' Compensation Act, but under the common law. .Subsequently, the South Brit. Mli Ilisuranee Company gave Barton £l5O as exgratia payment on signing a document agreeing to refund the money in the event of succeeding in his claim against the Government. The committee, after reviewing the evidence, had come to the conclusion that Barton had received lifelong injuries, and that the Crown should award him £350 compensation but that the sum of £l5O received by Barton from the South British Insurance Co. should not be paid back out of this amount. After a long discussion . the Hon. R. McKen/.ie said any further

attempt to repeal or amend the Crown Suits Act would have little chance if success in the light of the facts adduced. The only way to meet the case pas to waive the Act so as to allow Barton to receive the compensation to which lie ■was entitled. The motion that the report be referred to the Government for favorable consideration, and the evidence be nrinted, was agreed to. Sir Joseph Ward said that if the insurance _ company concerned considered was going to get any of the money given to Barton, who was entitled to £350 from the Government, and also to the sum lie was entitled to receive from the Oity Council under the Workers' Compensation Act, the facts revealed an outrageous state of things. If Barton did not receive sin-h compensation he would ask the House to pass legislation to enable Barton to obtain it.

On the motion to go into committee of supply, Mr. Massoy then brought up the question of the reinstatement of the vote of £4OO for the financial adi"LSeer^n on^on » which was placed on tne Supplementary Estimates, and ga/e rise to a stonewall 'before Christmas. He contended that it was not competent •xi il a g a to during the same session with the Government.