Azmi (Malaya) CJ:

This is an appeal against the quantum of damages awarded by the High Court at Johore Bahru. The learned Judge awarded $32,012.60 altogether being (1) $5,675 special damages (2) $27,337.60 general damages.

The general damages are made up of two items: -

(1)$8,337.60 for future loss of earnings,

(2)$19,000 for pain and suffering and loss of amenities.

There is no complaint against the award of $8,337.60 for future loss of earnings but it is against the award for special damages and that for pain and suffering and loss of amenities that the appellant complains.

Now as to the award for special damages first. It was contended that this should not be awarded at all or if an award under this item should be made it should be only for loss of wages for nine months which would amount to $270 x 9 = $2,430. Before I refer to the argument on the question of special damages, I had better refer to the pleadings. Para 7 of the statement of claim says as follows:

The plaintiff was aged 40 years and worked as a kampong worker earning at an average of $10 a day. As a result of the aforesaid negligence the plaintiff has been unable to continue in his employment and has