Pajan Singh Gill JCA:

[1] The matters that confront us in this appeal are basically on the issue of limitation, whether in not pleading it in certain instances, a party is disentitled to raise the defence of limitation, and whether a claim on behalf of the estate of a deceased person for loss of earnings for the 'lost years' of a deceased, is allowable, if the deceased was unemployed at the time of death.

[2] The administrator of the estate of Chia Miew Hien, one Lee Cheng Yee, brought a suit for negligence against the 1st and 2nd defendants, owner and driver of motor lorry bearing registration number TD 9278. As a result of the alleged negligence of the 2nd defendant, the deceased Chia Miew Hien suffered massive injuries in a motor accident and died instantly.

[3] On pursuing the notes of evidence and the grounds of judgment we note that at the trial learned counsel for the respondent/defendant had conceded to total liability.

[4] It was the contention of the respondent/defendant before the trial judge, and even before us, that the appellant/plaintiff's reliefs were crafted under s. 7 of the Civil law Act 1956. We wish to interpose at this stage to say that, the accident took