JUDGMENT

Suriyadi Halim Omar JCA:

(1) This appeal before us originated from a claim filed by the plaintiff (hereinafter referred to as the appellant) at the Sessions Court for injuries suffered as a result of a collision between her and the defendant (hereinafter referred to as the respondent). The Sessions Court found the respondent 100% liable for the accident and awarded general damages in the sum of RM155,000, special damages at RM64,675 and loss of future earnings at RM447,975. The respondent filed an appeal at the High Court but was only successful on the future earnings. In a nutshell the High Court disallowed the appeal regarding liability, general damages and special damages but allowed the appeal against future earnings. The appellant being dissatisfied filed a notice of appeal before the Court of Appeal and by choice restricted her appeal only on the issue of future earnings.

(2) It was obvious that the learned judge was fully aware of the principle that an appellate tribunal should be slow to interfere with the finding of fact of a trial judge, in this case the Sessions Court judge, more so as he had the advantage of hearing and observing the demeanour of the witnes