APPLEBY v. CUNARD WHITE STAR, LTD. BISHOP v. SAME. [THE "QUEEN MARY."]

(1949) 83 Ll.L.Rep. 415

ADMIRALTY DIVISION.

Before Mr. Justice Hodson.

Collision-Damages-Reference to Registrar -Life claims-Assessment-Death of naval ratings-Matters to be taken into account in making awards in respect of (a) death of married man, leaving wife and child surviving, and both being in receipt of naval pension; (b) death of single man, leaving parents surviving-Collision between steamship Queen Mary and H.M. cruiser Curacoa in 1942-Cruiser sunk, over 300 members of her crew being lost-Queen Mary in part to blame for collision-Claims brought against owners of Queen Mary (a) by B. M. B., widow of P. K. B. (a C.P.O. engine room artificer of over 20 years' service), suing on her own behalf and on behalf of her son (P. R. B.), and also as administratrix of the estate of P. K. B.; (b) by H. J. A., father of D. A., ordinary seaman, suing on his own behalf and as as administrator of the estate of D. A. - Awards by learned Registrar: (a)(i) Under Fatal Accidents Acts: B. M. B.: £2502=£3750 (based on weekly provision by P. K. B. to his family, civilian prospects, etc.) less £713 (naval pension already received by widow), less £100 (value of husband's estate). less £85 (lost effects reduced from £103 10s.), and less £350 (awarded for loss of expectation of life under Law Reform (Miscellaneous Provisions) Act, 1934). P. R. B.: £84=£160 (estimated value of dependency at time of father's death) less £76 (naval pension already received). (ii) Under Law Reform (Miscellaneous Provisions) Act, 1934: B. M. B.: £350 (loss of expectation of life of P. K. B.). Appleby v. Cunard White Star, Ltd.; Bishop v. Same. Adm. 416 (iii) Special damage: B. M. B.: £85 (loss of effects reduced from £103 10s.).

Total award: £3021.