Abdul Hamid Mohamad CJ:

[1] We heard this application on 28 January 2008 and dismissed it. These are my grounds.

[2] The respondents who were the plaintiffs in the Sessions Court filed an action at the Sessions Court, Georgetown, Penang claiming for general and special damages, interest and costs. The claim was a dependency claim arising from an accident in which the deceased, a pillion rider on a motorcycle had died. The Sessions Court decided in favour of the respondents as follows:

a. Liability - Defendant wholly negligent

b. Dependency - For seven years ie,

Pretrial 44 months x RM220

= RM8,800

Post-trial 40 months x RM200

= RM8,000

c. Funeral expenses - RM2,000

[3] The respondents, being dissatisfied with the multiplier and the multiplicand awarded, appealed to the High Court. The High Court dismissed the appeal and upheld the decision of the Sessions Court.

[4] The respondents further appealed to the Court of Appeal. The Court of Appeal allowed the appeal in part. It did not allow the increase in the multiplicand but allowed the appeal in respect of the multiplier by increasing the multiplier to 16 years.

[5] The applicant (who was the defendant in the Session