Judgment - The High Court of Sabah & Sarawak

More documents

Recommendations

Info

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:
5 10 15 20 25 30 11 [KCH-12B-7-2011] 1. The dependency award of RM96,000 in favour of the 1 st plaintiff is therefore reduced to RM57,600.00. 2. The award for abdominal pain for the 2 nd plaintiff is reduced from RM4,500 to RM500. Each party to bear their own costs. Order accordingly. (RAVINTHRAN PARAMAGURU) Judicial Commissioner Date of Delivery of Judgment: 4.11.2011 Date of Hearing: 13.9.2011 14.10.2011 2.11.2011 For the Appellants: Miss Deborah Wong Messrs David Allan, Sagah & Teng Advocates Kuching For the Respondents: Mr. Joseph Kahell & Mr. Sarbjit Singh Messrs Khaira & Co. Advocates Kuching Notice: This copy of the Court's Reasons for Judgment is subject to editorial revision.
Page 1 and 2: 5 10 15 20 25 MALAYSIA 1 [KCH-12B-7
Page 3 and 4: 5 10 15 20 25 3 [KCH-12B-7-2011] so
Page 5 and 6: 5 10 15 20 25 5 [KCH-12B-7-2011] th
Page 7 and 8: 5 10 15 20 25 7 [KCH-12B-7-2011] In
Page 9: 5 10 15 20 25 9 [KCH-12B-7-2011] el

Judgment - The High Court of Sabah & Sarawak

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?