71 out that the amount requested for pecuniary damages exceeded the calculations considered by the State, “according to the Actuarial Study made by the graduate Eduardo Bran, economist consultant expert in this matter,” who estimated that the amount for loss of earnings rose to US$23,479.32 (twenty three thousand four hundred seventy nine Dollars of the United States of America with thirty two cents). 270 269. The Court considers, as it has done in other cases regarding forced disappearances,271 that in this case, in which the whereabouts of the victim are unknown, it is possible to apply compensation criteria regarding loss of earnings that includes the earnings that the victim would have earned in his probable life. 270. In the present case, the Tribunal observes that the representatives, in their final arguments, included under the concept of loss of earnings several items corresponding to several sources of income of Mr. Florencio Chitay Nech. The same were not pointed out in their brief of pleadings and motions, nor were they properly sustained, which resulted in a different amount than that originally requested for that concept. In other words, they did not make specific allegations in this regard, nor did they offer sufficient evidence that would allow the Tribunal to determine the amount of such loss, if it indeed occurred, and if it was directly caused by the facts of the case,272, nor were they presented in the first procedural opportunity that it was granted for that purpose, that is, in their brief of pleadings and motions.273 271. Therefore, the Court has no elements, besides those alleged, that allow it to prove the requests of the representatives, nor the causal link with the facts of the present case, and the violations declared in the present Judgment, altogether with the fact that it was not alleged in the timely procedural moment. Therefore, the Court will only evaluate those items that have been properly alleged and proven. Moreover, for the determination of loss of income, the Court takes into consideration that pursuant to that argued by the representatives and the State, there is a disparity regarding the life expectancy of the victim.274 272. Consequently, as the Court decides to establish, in equity, the amount of US $ 75,000.00 (Seventy five thousand Dollars of the United States of America) or their equivalent in quetzales, for the loss of earnings of Florencio Chitay Nech, an amount that shall be distributed equally between each of his offspring and paid in a term of a year, as of the notification of this Judgment. 270 Cf. “Financial Study of Loss of Income in the case of Florencio Chitay Nech” carried out by Attny. Eduardo Bran (economist of council) on September of 2009 (annexes to the response petition, f. 1770). 271 Cf. Case Velásquez Rodríguez V. Honduras. Reparations and Costs, supra note 242, paras. 46 and 47; Case Castillo Páez V. Perú. Reparations and Costs. Judgment of 27 of November of 1998. Series C No. 43, para. 75, and Case Anzualdo Castro V. Perú, supra note 86, para. 213. 272 Cf. Case Tristán Donoso V. Panamá, supra note 171, para. 184, and Case Acevedo Buendía et. al. (“Discharged and Retired Employees of the Office of the Comptroller”) V. Perú, supra note 226, para. 117. 273 Cf. Case of la Masacre of Pueblo Bello V. Colombia, supra note 94, para. 225, and Case Perozo et. al. V. Venezuela, supra note 125, para. 290. 274 According the represenataives, the life expectancy of a Guatemalan man is 71 years of age, pursuant to the statistic of the World Health Organization, for the year of 2006. On its behalf, the State indicated that, pursuant to the Latin American Center on Demographics, life expectancy Turing the five year period of 1980-1985 was of 56.8 years of age, but in the study carried out by Eduardo Bran, provided by the State, the life expectancy was 56.1 years of age (brief of Preliminary Exceptions, Merits, Reparations and Costs, escrito of solicitudes and argumentos, Tome V, f. 264 and annexes to the response petition a la demanda, f. 1105).