Ajaib Singh J

The plaintiff in this case has appealed against the quantum of damages relating to loss of earning capacity for which I awarded a sum of $12,000.

Mr. S.C. Chan for the plaintiff submitted that for the loss of future earnings the plaintiff should be awarded a sum of $92,300. He said that the plaintiff earned about $1,250 per month before the accident and thereafter his earnings were reduced to half that amount. He referred to the 1st Schedule to the Workmen's Compensation Ordinance 1952 where the minimum percentage of loss of earning capacity for loss of leg below the knee is stated at 50%. Mr. Chan submitted that this should be adopted in arriving at the sum for the plaintiff's loss of future earnings. He submitted that the plaintiff was aged 32 years, he could work up to 60 years and he had a working life of 28 years. By scaling it down to 21 years the amount on the actuarial table would come to $92,300 as loss of future earnings — at $600 per month.

In my view however there was insufficient evidence to make any award for the loss of future earnings. It is true that the plaintiff was handicapped because his leg had been amputated below the knee but on the evidence of