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Report No. 111

11.2. Deductions from damages not permissible under the English Act of 1976.-

In England, by section 4 of the Fatal Accidents Act of 1976, it was provided that in assessing damages in respect of a person's death in any action under the Act, there shall not be taken into account any insurance money, benefit, pension, or gratuity which has been, or will, or may be, paid "as a result of the death". "Insurance money" was defined, in section 4(2) of the Act, as including return of premiums. The word "pension" was defined to include1 return of contributions and any payment of a lump sum.

1. See Peacock v. Assessment Equipment Co. Ltd., (1954) 2 All ER 689.

The Fatal Accidents Act, 1855 Back

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