Section 37: Compensation for loss by fire

37. Compensation for loss by fire (1) (a) Every insured who has suffered loss as a result of fire shall be entitled to compensation at the rate set out in the Fifth Schedule to this Act. (b) A planter or métayer whose cane plantations have been burnt while the factory in his enlarged factory area is not in operation shall be entitled to a transport allowance at such rate as the Board may determine for all canes transported over a distance exceeding 6.4 kilometres to a factory or cane transit site, whichever is applicable, in another enlarged factory area. (2) No compensation shall be paid— (a) where the Board is satisfied that the fire was deliberately set by the insured or his agent to the cane plantation with a view to obtaining compensation; (b) in respect of canes which were not due to be harvested in the crop year during which the fire occurred; (c) where the burnt canes can be harvested and milled at a factory in the enlarged factory area of the cane plantation with the burnt canes; (d) where an insured fails to comply with section 35 or 36 (2); or (e) where the Board is satisfied that it is economically viable for the insured to harvest and mill the burnt canes at a factory outside the enlarged factory area of the cane plantation with the burnt canes. (3) In this section— “cane transit site” has the same meaning as in section 40 of the Mauritius Cane Industry Authority Act. [S. 37 amended by Act 42 of 1984; Act 44 of 1989; s. 14 of Act 7 of 2007; s. 50 (d) of Act 9 of 2015 w.e.f. 1 June 2014; s. 67 (j) of Act 11 of 2018 w.e.f. 11 December 2017.] [Issue 10] S54 – 18 Revised Laws of Mauritius