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1996 MarsdenLR 1970

LORD KEITH OF KINKEL, LORD JAUNCEY OF TULLICHETTLE, LORD NOLAN, LORD NICHOLLS OF BIRKENHEAD, LORD STEYN
MOI YIN – Appellant
Versus
RAPIAN BIN SUHAILI @ MOHD SOFIAN SUHAILI – Respondent


Advocates:
Moi Yin (suing as the Administrator of the
Estate of Tan Ah Ngun)Appellant
v.
(1) Rapian Bin Suhaili @ Mohd Sofian Suhaili and
(2) Sia Leong AiRespondents

JUDGMENT

1. This is an appeal from a judgment dated 7th December 1994 of the Court of Appeal of Brunei Darussalam which allowed an appeal on quantum of damages from a judgment of Sir Denys Roberts C.J. dated 25th April 1994.

2. For the purposes of the appeal to the Board the nature of the claim can be sketched quite briefly. On 4th April 1990 Tan Ah Ngun was killed in a motor car accident. The respondents on the present appeal are liable in damages for having negligently caused the deceased's death. The deceased's widow sued the respondents. She brought her claim for damages under the Fatal Accidents Act 1846-1908, and the Law Reform (Miscellaneous Provisions) Act 1934, which at the relevant time permitted a "lost years claim". In England such a way of assessing a dependants' claim was abolished in 1982.

The undisputed facts were as follows. At the time of the accident the deceased was aged 44. His wife was aged 39. They had two children: a daughter aged 11 and a son aged 9. The daughter died some months after the accident. The deceased, his wife, their children and the deceased's parents lived in the home of the deceased's sister and brother-in-law. Altogether 12 persons lived in

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