FERGUSON v. DURASTIC, LTD., AND BEN LINE STEAMERS, LTD.

[1951] 1 Lloyd's Rep. 324

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Damages-Assessment-Personal in juries- Permanent incapacity-Matters to be taken into account-Plaintiff labourer injured in accident on board ship- Action brought against employers (shiprepairers) and against shipowners- Liability admitted by both defendants- Evidence that plaintiff was permanently incapacitated for doing his normal work; that he was at present in a neurasthenic condition; and that he would eventually be fitted for light work-Awards in respect of general damages (£1000); loss of earnings (£1422); and loss of earning capacity (£2000)-Total reduced by moiety of sick benefits and other payments (£187) which had accrued "or probably will accrue," in accordance with provisions of Sect. 2 of Law Reform (Personal Injuries Act), 1948 - Net award: £4235.