Judgment - The High Court of Sabah & Sarawak

5
10
15
20
10
[KCH-12B-7-2011]
over 20 years old, the courts have awarded between RM2,000 and RM3,500.
In my opinion, the award of RM8,000 should not be disturbed as it is based
on a recent comparables.
Abdominal pain
The learned Sessions Court Judge awarded RM4,500. This award was
attacked by the Counsel for defendants as unjustified. In my opinion, there is
merit in this submission. The learned Sessions Court Judge relied on the case
of Azimi B Bahari v. Mohd Zaini B Ahmad & 2 Ors [2009] 1 PIR 56.
However, in the above mentioned case, the award was made for bruises over
the left abdomen and left inguinal region. The award in that case was not
made for abdominal pain. There is no medical evidence in respect of the
cause of the abdominal pain. The 2 nd plaintiff suffered serious injuries such
as open book pelvic fracture in this case for which an award for pain and
suffering has already been made and which was not disputed by the Counsel
for defendants. Therefore to make a further award for general pain on the
abdomen when there is no medical evidence that it is caused by a separate
injury would amount to duplication of the other awards made in this case.
However, Counsel for defendants had agreed to an award of RM500 for the
abdominal pain. I shall therefore reduce the award for abdominal pain from
RM4500 to RM500.
Conclusion
For the reasons given earlier, I shall dismiss the claim against liability. In
respect of quantum, I shall reduce the total award made by the learned
Sessions Court Judge as follows: