8.7.5 Compensation is payable only in respect of the major loss

Compensation is payable only in respect of the major loss, e.g. a member who has suffered a total loss of the capacity to engage in sexual intercourse is paid for that loss and is not additionally compensated for partial loss of the genitals.

Note that S40 provides compensation for either loss of the genitals or total and permanent loss of the capacity to have sexual intercourse at the full rate set in S40(1) (which is half of the maximum payable under S39). Compensation is not payable in respect of both losses.