53. Provisional damages and fatal accident claims

(1) In this section —
(a) "provisional damages" means damages awarded by virtue of section 35(2)(a); and
(b) "further damages" means damages awarded by virtue of section 35(2)(b).
(2) This section applies where a person —
(a) is awarded provisional damages; and
(b) subsequently dies as a result of the act or omission which gave rise to the cause of action for which the damages were awarded.
(3) The award of the provisional damages shall not operate as a bar to an action in respect of that person's death under the Fatal Accidents Act 1976.
(4) Such part (if any) of —
(a) the provisional damages; and
(b) any further damages awarded to the person in question before his death,
as was intended to compensate him for pecuniary loss in a period which in the event falls after his death shall be taken into account in assessing the amount of any loss of support suffered by the person or persons for whose benefit the action under the Fatal Accidents Act 1976 is brought.
(5) No award of further damages made in respect of that person after his death shall include any amount for loss of income in respect of any period after his death.