Gopal Sri Ram JCA:

These two appeals came up before us on the same list. Their facts are unconnected. But they have a common; almost identical point of law. It has to do with whether a court in a running down action, whether resulting in death or personal injury has authority to reduce the multiplier below the limit prescribed by the ss. 7 and 28A respectively of the Civil Law Act 1956. Section 7 has to do with the damages recoverable in a fatal accident claim. Section 28A deals with damages recoverable for the loss of future earnings in a personal injuries claim. It is important to reproduce the relevant portion of each of these sections.

Section (7)(3) in so far as is material reads:

The damages which the party who shall be liable under subsection (1) to pay to the party for whom and for whose benefit the action is brought shall, subject to this section, be such as will compensate the party for whom and for whose benefit the action is brought for any loss of support suffered together with any reasonable expenses incurred as a result of the wrongful act, neglect or default of the party liable under subsection (1).

Provided that:

(iv) in assessing the loss of earnings in r