Clement Skinner J:

This is an appeal against the decision of the learned Sessions Court judge given on 16 May 2001 in respect of a claim for personal injuries and damages suffered as a result of a road accident. The brief facts of the case are these. On 23 July 1998 the second respondent (who was the second plaintiff in the court below) was riding a motor-cycle (belonging to the first respondent) along Jalan Upper Lanang heading in the direction of Sibu town when a collision occurred between the second respondent's motor-cycle and a lorry driven by the third appellant (and owned by the first and second appellants), in front of a construction site known as Romany Development.

As a result of the accident the second respondent, who was then 54 years of age and working as a store-keeper earning RM1,200 per month, suffered personal injuries and was hospitalised immediately after the accident. Even after his discharge on 26 July 1998, the second respondent was unable to work until the date of trial.

After a full trial, the learned Sessions Court judge found that the accident had been solely caused by the negligence of the third appellant and accordingly entered judgment against the appellants. Damages were then assessed and awarded to the second respondent under several heads of claim, not all of which are relevant to this appeal. Thus, the learned Sessions Court judge made awards in respect of:

(a) medical expenses which she assessed at RM9,394.12 but awarded a sum of RM6,262.74 being two-thirds of the sum assessed;

(b) loss of pre-trial earnings which she assessed at RM24,000 being RM1,200 x 20 months;

(c) loss of EPF contributions at RM2,880 being the employer's contribution of 12% of the second respondent's income of RM1,200 per month over 20 months;

(d) general damages for pain and suffering and loss of amenities at RM36,000.

The appellants being dissatisfied with the awards made under the above four heads of claim have brought this appeal. They do not appeal against the learned Sessions Court judge's finding on liability.

At the hearing of this appeal, the appellants did not pursue their appeal against the awards made for medical expenses and general damages for pain and suffering. This judgment therefore relates to the appellants' appeal against the awards made for loss of pre-trial earnings and EPF contributions only. I now consider each of these in turn.

Loss Of Pre-trial Earnings

It is the case of the appellants that the learned Sessions Court judge had erred in law and in fact when she failed to consider s. 28A(2)(c)(iii) and s. 28(2)(d)(ii) of the Civil Law Act 1956 in awarding RM24,000 to the second respondent for loss of pre-trial earnings.

To appreciate the appellants' complaint, it is necessary to recapitulate certain undisputed facts. When the accident occurred on 23 July 1998, the second respondent was 54 years old and employed as a store-keeper earning a monthly salary of RM1,200. By the time the case came on for trial, 29 months had passed by. In making her award the learned Sessions Court judge allowed loss of pre-trial earnings over 20 months (having knocked-off nine months) as she held that the second respondent could have secured a job after 20 months had he attempted to do so. Thus, the learned Sessions Court judge awarded loss of pre-trial earnings as follows: RM1,200 x 20 months = RM24,000.

It is the contention of the appellants that in doing so, the learned Sessions Court judge had failed to consider s. 28A(2)(c)(iii) and s. 28A(2)(d)(ii) of the Civil Law Act 1956 which subsections not only set out certain matters which a court must take into account when awarding damages for loss of future earnings; but also the formula for calculating the number of years' purchase when assessing loss of future earnings of a person between the ages of 31 to 54 at the time when he was injured.

For convenience, I set out the above subsections:

28A. Damages in respect of personal injury

(2) In assessing damages und