JUDGMENT

Thomson CJ:

This is an appeal from a decision of Azmi J.

The plaintiff is the father and the administrator of the estate of one Wan Thai Thong who was killed on 2 August 1957, in an accident to a motor car in which he was a passenger and which was driven by the defendant. It was averred and admitted that the accident was due to the defendant's negligence. In the circumstances the only question to be decided in the present proceedings was the quantum of damages.

The plaintiff claimed special damages, damages under s. 8 of the Civil Law Ordinance for the deceased's loss of expectation of life and damages under s. 7 of the Ordinance for loss of services. In the event Azmi J awarded damages as follows:

Special damages ... ... ... ... $ 783

Damages for loss of expectation of life $ 5,000

Damages for loss of services ... ... nil

$5,783

No complaint has been made regarding the amount awarded for special damages. The defendant, however, has appealed against the award of $5,000 for loss of expectation of life as being excessive and the plaintiff has cross-appealed against the decision that he is not entitled to any damages for loss of his son's services.

The facts have neve