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the determination of the loss of income based on the farming activity Germán Escué was
doing at that moment.
143. The Tribunal observes that according to the representatives' petition regarding the
loss of income corresponding to Mr. Escué Zapata, the victim had an income equivalent to
the minimum salary at that time. Furthermore, the representatives offered some estimates
in order to update it.
Nevertheless, these estimates do not fulfil its purpose and
substantially depreciate the amount that would correspond to the victim for the loss of
income. Based on the foregoing and considering that there is no other fact on which to base
in order to determine the exact amount corresponding to loss of income, the Court set, in
equity, the amount of US$ 55.000 (fifty-five thousand United States dollars) as
compensation for the loss of income of Germán Escué Zapata.
144. This amount shall be distributed among the victim’s next of kin in the following
manner:
a)
Fifty percent (50%) of the compensation shall be delivered to the victim’s
daughter, Myriam Zapata Escué;
b)
Twenty-five percent (25%) of the compensation shall be delivered to Mrs.
Bertha Escué Coicue, victim's permanent companion at the time of the victim’s
death, and
c)
Twenty-five percent (25%) of the compensation shall be, equally, distributed
between Mrs. Etelvina Zapata and Mr. Mario Pasu, the victim's parents.
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145. Therefore, the Court set, in equity, the value of the compensations for the concept of
pecuniary damages in the following terms:
COMPENSATION FOR THE CONCEPT OF PECUNIARY DAMAGES
Beneficiaries
Amount
Germán Escué Zapata
US$ 55,000.00
Bertha Escué Coicue (lifelong companion)
US$ 2,500.00
Myriam Zapata Escué (daughter)
US$ 2,500.00
Etelvina Zapata (mother)
US$ 7,000.00
Total
US$ 67,000.00
146. The State should make the payment of these amounts for the concept of pecuniary
damages directly to the beneficiaries within the period of one year, as from the time of
service of notice of the present Judgment upon the State under the terms of paragraphs
144 supra and 189 to 194 infra..
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