Section 28A — CIVIL LAW ACT 1956

(a)

any sum paid or payable in respect of the personal injury under any contract of assurance or insurance, whether made before or after the coming into force of this Act;

(b)

any pension or gratuity, which has been or will or may be paid as a result of the personal injury; or

(c)

any sum which has been or will or may be paid under any written law relating to the payment of any benefit or compensation whatsoever in respect of the personal injury.

(2)

In assessing damages under this section—

(a)

no damages shall be recoverable in respect of any loss of expectation of life caused to the plaintiff by the injury;

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(b)

if the plaintiff’s expectation of life has been reduced by the injury, the Court, in assessing damages in respect of pain and suffering caused by the injury, shall take into account any suffering caused or likely to be caused by awareness that his expectation of life has been so reduced;

(c)

in awarding damages for loss of future earnings the

Court shall take into account—

(i)

that in the case of a plaintiff who has attained the age of sixty years or above at the time when he was injured, no damages for such loss shall be awarded;

and in any other case, damages for such loss shall not be awarded unless it is proved or admitted that the plaintiff was receiving earnings by his own labour or other gainful activity before he was injured;

(ii)

only the amount relating to his earnings as aforesaid at the time when he was injured and the Court shall not take into account any prospect of the earnings as aforesaid being increased at some time in the future;

(iii)

any diminution of any such amount as aforesaid by such sum as is proved or admitted to be the living expenses of the plaintiff at the time when he was injured;

(d)

in assessing damages for loss of future earnings the

Court shall take into account that—

(i)

in the case of a person who was of the age of thirty years or below at the time when he was injured, the number of years’ purchase shall be 16; and

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(ii)

in the case of any other person who was of the age range extending between thirty-one years and fifty-nine years at the time when he was injured, the number of years’ purchase shall be calculated by using the figure 60, minus the age of the person at the time when he was injured and dividing the remainder by the figure 2.

Repeal