Abdul Hamid Omar CJ (Malaya):

This was an appeal against the decision of Anuar J in the High Court at Ipoh on 22 November 1983 in respect of the award for special damages arising from a road accident on 24 October 1979 in which the respondent sustained injuries.

The respondent aged 23 years at the time of the accident, 27 years at the date of the trial, was a goldsmith. He gave evidence that he started to work at the age of 14 with his goldsmith father who, at all material times, was the registered proprietor of the business at a shop along Main Road, Tapah. As his father was old he did most of the work and income went to him. His father continued to assist him. His monthly income prior to the accident was RM1,500 per month and out of this he paid the family expenses. He estimated that the value of his services to the business was about RM1,200 per month.

At this stage of the proceedings, Counsel for the respondent applied to amend the prayer in the Statement of Claim in respect of special damages for loss of income to read at RM1,200 instead of RM600. The learned Judge allowed the application for the amendment although Counsel for the appellant objected to it.

The appella