Assessment of Damages Act, 1969 (Act No. 9 of 1969)

1. Insurance moneys, pensions and certain benefits not to be taken into account in the assessment of damages for loss of support

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(1) When in any action, the cause of which arose after the commencement of this Act, damages are assessed for loss of support as a result of a person's death, no insurance money, pension or benefit which has been or will or may be paid as a result of the death, shall be taken into account.

 

(2) For the purposes of subsection (1)—
(i) "benefit" means any payment by a friendly society or trade union for the relief or maintenance of a member's dependants;
(ii)"insurance money" includes a refund of premiums and any payment of interest on such premiums;
(iii) "pension" includes a refund of contributions and any payment of interest on such contributions, and also any payment of a gratuity or other lump sum by a pension or provident fund or by an employer in respect of a person's employment.