JUDGMENT

Moi Yin (suing as the Administrator of the

Estate of Tan Ah Ngun)Appellant

v.

(1) Rapian Bin Suhaili @ Mohd Sofian Suhaili and

(2) Sia Leong AiRespondents

FROM

THE COURT OF APPEAL OF BRUNEI DARUSSALAM

JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 20th May 1996

Present at the hearing:-

Lord Keith of Kinkel

Lord Jauncey of Tullichettle

Lord Nolan

Lord Nicholls of Birkenhead

Lord Steyn

[Delivered byLord Steyn J: ]

1. This is an appeal from a judgment dated 7th December 1994 of the COURT of Appeal of Brunei Darussalam which allowed an appeal on quantum of damages from a judgment of Sir Denys Roberts C.J. dated 25th April 1994.

2. For the purposes of the appeal to the Board the nature of the claim can be sketched quite briefly. On 4th April 1990 Tan Ah Ngun was killed in a motor car accident. The respondents on the present appeal are liable in damages for having negligently caused the deceased's death. The deceased's widow sued the respondents. She brought her claim for damages under the Fatal Accidents Act 1846-1908, and the Law Reform (Miscellaneous Provisions) Act 1934, which at the relevant time permitted a "lost years claim". In England such a way of ass