JUDGMENT

Gill FJ:

This is an appeal by the defendants in the action against an award by Abdul Hamid J of a sum of $35,000 as general damages in respect of a claim by the respondent as plaintiff for the loss of her arm as a result of personal injuries sustained by her due to the negligence and/or breach of statutory duty on the part of the defendants, their servants or agents in failing to provide a safe system of work.

The first two grounds of appeal are to the effect that in making the award the learned trial Judge was wrong in considering and taking into account the damages awarded in a number of cases for the loss of a leg. In my opinion, these two grounds do not call for any consideration for the simple reason that there is nothing in the grounds of judgment of the learned trial Judge to indicate that he allowed himself to be unduly influenced either by the argument by Counsel for the plaintiff that damages awarded for the loss of an arm should be higher than those for the loss of a leg or by the amounts awarded for the loss of a leg in the cases cited to him.

The principle on which the learned trial Judge based his award is set out in his judgment as follows:

In my opinion