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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

 

(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.