CIVIL LIABILITY ACT 1936 - SECT 58B
CIVIL LIABILITY ACT 1936 - SECT 58B
58B—Additional provisions relating to death on account of a
motor vehicle injury
(1) Any entitlement to
damages for loss of financial support in respect of the death of a person
arising from an MVA motor accident (a "relevant loss of financial support
claim ) applies subject to the provisions of this section.
(2) In making an award
in relation to a relevant loss of financial support claim that will provide
for the future (other than with respect to a discount that would, apart from
this section, be made for the usual vicissitudes of life)—
(a) a
court must not take into account—
(i)
any inference as to a circumstance in respect of which
the court is unable to evaluate the chance of it occurring; or
(ii)
any inference as to a circumstance that the court
evaluates as having less than a 20% chance of occurring; and
(b) an
award of damages must be arrived at by taking into account the several
circumstances on which a court may rely, and the combination of those chances;
and
(c) a
court must, when making an award of damages, state—
(i)
the circumstances that have been taken into account for
the purposes of the award; and
(ii)
the inferences that the court has drawn from those
circumstances; and
(iii)
the court's evaluation of the chances of each
circumstance occurring; and
(iv)
its determination of the resultant award of damages.
(3) Damages awarded in
relation to a relevant loss of financial support claim must, after applying a
discount rate (if any), and any other principle arising under this Act or at
common law, including so as to take into account any actual or presumed
contributory negligence, be discounted by a further 20%.