RK Nathan JC:

Background Facts

[1] On 1 June 1990 the 1st plaintiff was riding motorcycle No BCF 9524 with the 2nd plaintiff as pillion along Jalan Seremban/Kuala Lumpur when they were collided into by motor car NL 8628 driven by the defendant.

[2] The writ was filed on 28 November 1990 and the defence on 27 February 1991. Since then this case, like the fate of many others of its kind lay dormant with neither party making any moves to have the case heard.

Case Management

[3] Having set this case down for case management, parties appeared before me on 29 January 1997 when I fixed this case for hearing to 16 and 17 June 1997. On the day of the hearing, the defendant conceded total liability as against both plaintiffs. I was to decide on both general damages and loss of earnings.

Evidence

[4] The 1st plaintiff gave evidence on his behalf and stated that prior to the accident he was employed as a shoe-maker. He earned RM1,200 per month and this depended on the number of shoes he could manufacture each day. However, he was able to manufacture between 20 to 30 pairs of shoes per day and was paid RM2.50 per pair of shoes completed. He did not contribute to the Employees Provident Fund (E