Suffian LP:

The plaintiff, a motor cyclist, was injured when a taxi knocked him down and won judgment against the taxi driver and against the taxi owner.

He was awarded damages for three items as follows:

(1) $1,474 special damages;

(2) $35,000 for pain and suffering and for loss of amenities; and

(3) $12,000 for loss of earning capacity.

In this appeal, Mr. Tay argues on his behalf that the quantum should be more. He does not criticize items (1) and (2), but only item (3).

Loss of earnings is of two kinds:

(1) loss of past earnings; and

(2) loss of future earnings or loss of prospective earnings.

Mr Tay says that what the learned trial Judge has done is to make an award for loss of future earnings, but nothing at all for loss of past earnings. It is urged on us that the learned Judge should have awarded -

(a) for loss of past earnings $33,500 if the plaintiff had been making about $450 pm or $14,800 if $200 to $300 pm; and

(b)about $22,500 for loss of future earnings

The principle upon which we can interfere with the award has been stated by Lord Wright in Davies v. Powell Duffryn Associated Collieries Ltd. [1942] AC 601, 616 617 as follows:

Where the award i