HOUSE OF REPRESENTATIVES.

Wanganui Chronicle, Volume L, Issue 12405, 29 December 1909, Page 8

HOUSE OF REPRESENTATIVES.

WELLINGTON, December 28 The House met at 2.30 p.m. PETITIONS.

Mr Davey. Chairman of Public Petition Committee, reported on the petition of Barton, an ex-motorman of the Wellington City Council, avlio received lifelong injuries as the result of a collision of a car driven by him with a wagon driven by the State Coal Depot's employees. This case has been frequently referred to in the House in reference to the Crown Suits Act and its suggested amendment, so as to allow individuals to bring actions against the State Departments. Mr Davey read the whole evidence of Barton, and the representative of the South British Insurance Co., from which it appeared that Barton had been advised by his solicitor in Christchurch not to bring an action under the Workers' Compensation Act, but under common law. Subsequently the South British Insurance Company gave Barton £150 as ex-gratia 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 hv-d received lifelong injuries, and that the Crown should award him £3-30 compensation, but that the sum of .-CloO received by Barton from the Smth British. Insurance Company should not be paid back out of this amount.

~ After a long discussion, Mr R. McKenzie said any future attempts fco repeal cr amend the Crown Suits Act would have little chance of success, in the light of the facts adduced. The only way to meet t3ic case was to waive the Act'so to allow Barton to receive com/pens viion to which he was entitled. A,'motion that thi -eport be referred to tli a Government for favourable consideration and that the evidence be printed was aoreed to. Sir J. G. Ward said that if the insuranca company concerned considered it was going to get any of the money given to Barton, who was entitled to £350. from the Government, and also to the sum he was entitled to receive from the City Council under the Workers' Compensation Act, the facts revealed an outrageous state of things. If Barton did not receive such compensation he would ask the House to pass legislation to enable Barton to obtain it.