NATIONAL INSURANCE COMPANY OF NEW ZEALAND LIMITED V. LILL

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W. M. Houston, Govt. Print. Melb.

ARCHER AND THE NATIONAL A LIMITED

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REASONS FOR JUDGMENT

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Judgment delivered at... Sydney... on Thursday ,..6th. April.1964.......

THE NATIONAL a MER COMPANY OF

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Appeal disnissed with costs.

'UDGMENT

THE NATION.

INSURANCE CO. OF NEW

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DIXON ¢.J.

THE NATIONAL INSURANCE CO. OF NEW ZEALAND LTD.

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LLL

In my opinion the assessment of damages made by Stanley J- was not excessive having regard to the serious and enduring character of the injuries to the plaintiff.

The appeal should be dismissed.

NATIONAL INS

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EILL

LAND LIMITED

M& N Js

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EILL

The plaintiff, Lill, was injured in the same accident. The trial judge awarded her the sum of £11,077. 14, 0. consisting of £10,500 general damages and £577~ 14. 0. special damages. The defendants claim that this award is excessive, The evidence shows that the girl suffered substantial injuries, She suffered a fracture of the skull which led to two brain operations of a serious nature. Asa result of her injury she has a minor type of epilepsy, damage to her left eye and deafness in her left ear. There are . scars on her body. Her prospects of marriage and future employment have been seriously impaired. In my opinion, the sum of £10,500 awarded for these injuries cannot be regarded as excessive,

The defendants claim that the incidence of income tax should have been taken into account in the assessment of the special damages. The amount involved £577. 14. 0.) is a small one and I see no substantial reason to interfere with the judge's finding and computation of loss. I would dismiss the appeal.

JUDGMENT.

THE NATIONAL INSURANCE COMPANY OF New ZEALAND LTD.

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LILL

FULLAGAR J.

THE ae INSURANCE cob ane

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LILL

I agree that this appeal should be dismissed.