JUDGMENTBY: WEE CHONG JIN CJ

(delivering the judgment of the Court): On March 11, 1970 the appellant, Nicholas Arthur Nock, riding a motor cycle was involved in a collision with a motor lorry belonging to the second respondents. He sustained severe injuries. At the time of the accident he was in the R.A.F. and stationed in Singapore. He was born in February 1949, had joined the R.A.F. as an apprentice in August 1966 and had signed on for a term of 9 years in February 1967. At the date of the accident he had the rank of Senior Aircraftsman holding a technical qualification or trade classification of Aircraft Mechanic (Propulsion).

He sued the respondents for damages and the High Court gave judgment in his favour. Winslow J., found that the first respondent, the driver of the second respondents lorry was wholly to blame for the appellants injuries. The parties had agreed general damages for pain, suffering and loss of amenities at $ 20,000 and $ 19,842.35 special damages in respect of loss of earnings etc. Winslow J., assessed loss of future earnings at $ 31,084.80 and accordingly gave judgment for the appellant in the sum of $ 70,923.15 and costs. The appellant now appeals against the award of $ 31,084.80 in respect of loss of future earnings.

As a result of the injuries the appellant sustained he was discharged from the R.A.F. on December 17, 1970 as being "below current air force medical standards." He had a permanent injury to his right eye and it is convenient to set out the three specialist reports, one in March 1972, another in March 1973 and the last in October 1974. They read as follows:--

"March 1, 1972

RE: H4285459 EX SENIOR AIRCRAFTSMAN NOCK N A

1. This airman had a motor accident in Singapore on March 11, 1970.

2. So far as his eyes are concerned, when we first saw him he had a

right lateral rectus palsy which was giving him a right

convergent squint and a breakdown of his binocular vision. He

also had a visual field defect, is a bitemporal hemianopia.

Visual acuity in the right eye had gone down to 6/18 due to

amblyopia.

3. So far as treatment is concerned, I have already done one

operation on him, a right medical rectus recession on November 9,

1971, which reduced his squint considerably. When I saw him on

February 7, 1972 his right convergent squint was at the angle of +

14 degrees. He had some fusion, that is some sign of binocular

function at this angle of 14 degrees with a very small range. His

right vision 6/18, left vision 6/5.

4. His name has been put back onto the waiting list when I will do

surgery directly to the paralysed muscle and I hope to improve

his condition further by doing this.

5. I will not be able to give a final assessment for some little

time.

G.W.T. Smith

Wing Commander

Consultant Ophthalmic Surgeon."

"March 20, 1973

RE: H4285459 EX SENIOR AIRCRAFTSMAN NOCK N A

1. Further to my report dated March 1, 1972, Nock was reviewed here

on February 14, 1973 and his condition now is as follows.

2. Following further surgery on October 3, 1972 --

Right Vision 6/24

Left Vision 6/6

He has a convergent squint of +4 [degrees] L/R 7 which is cosmetically

satisfactory. There is gross limitation of abduction of the Right eye.

He suppresses his Right vision and has no binocular function. He has

some bitemporal hemianopia.

3. No further surgery is contemplated, and I consider his condition

is now probably stationary and permanent.

G.W.T. Smith

Wing Commander

Consultant Ophthalmic Surgeon."

" October 4, 1974

Re: Mr. N.A. Nock, Ella House, North Acre,

Caston, Attleborough, Norfolk, England.

I have examined this patient today and my findings are as follows,

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