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Civil Appeal No. 14 of 2007(final)

by syahirah.suhaili | Nov 25, 2008 | Court of Appeal of Brunei Darussalam

[Plaintiff aged 9 years a passenger in motor vehicle accident. Severely injured causing serious life long disability. No evidence from which the judge could infer that he was not wearing seat belt. In any event inappropriate to find contributory negligence against child of this age. Future lifetime loss of earnings award not too speculative. Since Wells v Wells in H of L 18 years multiplier not too high. Child now settled in UK from Nepal. Future loss on U K scale appropriate. Tax ought to have been taken into account but judge could not do so in the absence of evidence. Future cost of care from mother not overlapped with general award for future care. Failure to plead particulars under Order 18 r 11 as required but defendant not taken by surprise and not prejudiced. Award of interest on special damages at 3% and on general damages for pain and suffering and loss of amenity at 6% from time of accident to date of judgment affirmed in this jurisdiction. Jefford v Gee considered. Appeal against judge’s
award dismissed.]

Dyg Julia Bte Moksin, Awang Zaini Bin Hj Abdul Rahman v Saurabh Bir Gurung (an infant, suing by his father and next friend, GANGA GURUNG)

COACV/14/2007(final)

Decision date: 25 Nov 2008

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