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Report No. 111

7. Benefits not to be taken into account.-

(1) In a suit under this Act, in assessing damages in respect of a person's death, there shall not be taken into account any benefit which has accrued or will or may accrue as a result of the death.1

(2) In this section-

(a) "benefit" means every gain accruing to a dependant as a result of the death, whether inherited from the deceased's estate or in any other manner accruing as a result of the death, and includes any insurance money, pension or gratuity or any benefit under any scheme relating to social security, including payments under any enactments in force and any payment by an association or trade union for the relief or maintenance of a member's dependant;

(b) "insurance money" includes a return of premium; and

(c) "pension" includes a return of contribution and any payment of a lump sum in respect of a person's employment2

1. Paras. 11.4 and 11.6.

2. See paras. 11.4 and 11.6.

The Fatal Accidents Act, 1855 Back

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