Spenser Wilkinson J:

- Having given judgment in this case in favour of the plaintiff for damages in respect of the negligence of the defendant's driver in knocking down and causing the death of the deceased I reserved judgment on the question of the quantum of damages.

Dealing first with the special damages the amount claimed for funeral expenses is $150 and this figure is not disputed.The amount of $700 claimed for costs for obtaining letters of administration includes a sum of $450 deposited in respect of estate duty. I do not think that this sum can be included in the claim, and the total of the special damages will therefore amount to $400.

There remains the claim in respect of loss of expectation of life.This is a matter which is very difficult to assess.The deceased was a boy of seven in reasonably good circumstances in life and there is no reason to suppose that he would not have led a happy life.In the case of Rushton v. National Coal Board [1953] 1 QB 495; [1953] 1 All ER 314 it was held, approving the observations of Birkett LJ in Bird v. Cocking & Sons Ltd. [1941] 2 TLR 1260, that in assessing damages for personal injuries, the Courts, although they cannot apply any uniform standard, will have regard to and be guided by the general principles which have been applied in decisions in comparable cases. I think to some extent this principle applies to damages for loss of expectation of life.

In the case of Benham v. Gambling [1941] AC 157; (1941) 1 All ER 7 in which the Lord Chancellor laid down the principles to be applied in cases of this kind a sum of STG200 was awarded in respect of an infant of 2% years of age.In Mohamed Abdul Cader V. Frederick Smith [1941] 1 MLRH 4, [1947] 1 MLJ 36 Worley J in a very careful judgment, following the principles laid down in Benham v. Gambling [1941] AC 157; [1941] 1 All ER 7 awarded a sum of $1,500 in respect of a Tamil Mohamedan, aged about 28. That case was decided in 1941 and in view of the change in the value of money since then, I think the award in a similar case would now be considerably higher.In Edler v. Greenwich & Deptford Hospital Management Committee [1953] CLY para. 53 Finnemore J awarded a sum of STG350 for loss of expectation of life in respect of a girl of 11, who died owing to the negligence of a doctor.

Following as best I can the indications given by these decisions and taking into account the particular facts of the case before me I have come to the conclusion that the proper sum to award in respect of loss of expectation of life in this case is $3,000.

The sum claimed in the Statement of Claim was $15,000.This in my opinion was fantastic. I would point out that it is neither necessary nor in accordance with the best traditions of pleading to claim any specified sum in a Statement of Claim when claiming general damages.Particulars with figures for special damages have, of course, to be given, but for general damages the proper prayer is "The plaintiff claims damages".

There will be judgment for the plaintiff for $3,400 with costs.

Order accordingly.