Accident - Assessing the damages.

30 years old & Below:

If the deceased was at the age of 30 and below at the time of his death, the fixed number of years that will be used to asses his executors claim is 16 years. For example; A died in an accident at the age of 28, and his spouse usually gets RM600 from him every month before his death.

16 (years) x 12 (months in a year) = 192 (months) x RM600.00 (loss of earning per month) = RM 115,200.00 (claim for loss of earning).

31 to 54 years old:

If the deceased was over the age of 30 but below the age of 55, the calculation would use 55 minus the age of death and divided by 2. For example; B died in an accident at the age of 33, and his spouse usually gets RM 600 from him every month before his death.

55 (the age where loss of income shall not be considered) minus 33 (the age of death) = 22 divided by 2 = 11 (years) x 12 (months in a year) = 132 (months) x RM 600.00 (loss of earning per month) = RM 79,200.00 (claim for loss of earning)

(Further reading; Civil Law Act 1956 Section 7 (3)(iv)(d).

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