Appellant State Board of Education appeals from an order overruling its demurrer to respondent’s complaint. We affirm.
Respondent’s decedent, Shawn Ellen Nance, was struck and killed by a school bus. Respondent proceeded under the Wrongful Death Act, S. C. Code § 15-51-10 (1976), and S. C. Code § 59-67-710 (1976) seeking money damages for the death of the decedent and the personal injuries suffered by the decedent’s parents, of whom respondent was father. Appellant demurred on the basis that the respondent could not recover for the wrongful death of his daughter and for the personal injuries to the parents under § 59-67-710.
Appellant argues the parents of the decedent are not entitled to recover for their personal injuries under the Wrongful Death Act because the act is limited to actions which the deceased could have maintained had she lived. Appellant misinterprets the act. Once it has been established the deceased could have maintained an action for damages, then her statutory beneficiaries are entitled to bring an action for pecuniary loss, mental shock and suffering, wounded feelings, grief, sorrow, loss of society and companionship, etc. Mishoe v. Atlantic Coast Line R. Co., et al., 186 S. C. 402, 197 S. E. 97 (1938); Smith v. Wells, 258 S. C. 316, 188 S. E. (2d) 470 (1972).
Appellant next asserts § 59-67-710 limits recovery of money damages to either an occupant of a school bus or non-occupant but not both. We disagree.
Section 59-67-710(1) (a) permits recovery for death or damages to an occupant of a school bus without proof of fault or negligence; while § 59-67-710(1) (b) allows recovery, upon proof of fault or negligence, to any person, other than an occupant or someone qualifying for benefits under (l)(a).
Here, the parents of the decedent were not occupants of the school bus, nor were they qualified to receive benefits for *66their injuries under (1) (a). However, if they can prove fault cr negligence they should be able to recover for the personal injuries they suffered as a result of the death of their daughter by the alleged negligent operation of the school bus.
Respondent is not seeking a double recovery as asserted by the appellant. All respondent seeks are damages for his daughter’s wrongful death under § 59-67-710(1) (a) and damages for the parents’ personal injuries under § 59-67-710(1) (b).
We hold § 59-67-710(1) (b) affords respondent a cause of action for the parents’ personal injuries exclusive of S 59-67-710(1)(a).
Moreover, appellant’s exceptions to the trial court’s interpretation of § 59-67-710 raise important questions of novel impression, which could have far reaching effect, and should not be decided by way of demurrer. State ex rel. McLeod v. Fritz Waidner Sports Cars, Inc., 274 S. C. 332, 263 S. E. (2d) 384 (1980).
The order of the trial court overruling appellant’s demurrer is affirmed and the case is remanded for trial on the merits.
Affirmed and remanded.
Lewis, C. J., and Gregory and Harwell, JJ., concur. Littlejohn, J., dissents.