Judgment - The High Court of Sabah & Sarawak

5
10
15
20
25
8
[KCH-12B-7-2011]
Counsel for plaintiffs submitted that RM12,000 for the above wound scars
was appropriate and had asked for a total of RM24,000 for the wound and
surgical scars. The learned Sessions Court Judge was of the opinion that an
award of RM10,000 and RM8,000 for the permanent surgical and wound
scars was appropriate. After taking into account the overlapping factor, she
awarded a total of RM16,200. Counsel for defendants submitted on the
authority of Zalinah bt Ibrahim v Ramnan b Sarman[2009] 1 PIR [55] that
RM1,000 was sufficient for the surgical scars. In my opinion this is not an
appropriate comparable as the synopsis of the report does not mention the
severity, position or the length of the scars. In Wong Kun Ho v Yap Hai Seng
& Another [2009] 1 PIR [21] cited by Counsel for defendants, the court
awarded RM5,000 for severe and permanent multiple scars. In Mohd
Bakhtiar b Md Yusop v Muhamad Anwar b Abu Bakar & Another [2009] 1
PIR [6] which was also cited by Counsel for defendants, the court awarded
RM4,000 for multiple abrasion and surgical scars. Based on above
authorities, Counsel for defendants submitted that a total award of RM5,000
for the scars was appropriate. However, the number and length of scars were
not stated in the judgment of the above cases. In the instant case, the scarring
was extensive and the learned Sessions Court Judge noted the scars were
clearly visible. I am, therefore, of the view that the award of RM16,200,
though slightly generous, is not wrong in principle. I shall therefore maintain
the award.
Two laceration wound at right elbow and laceration wound at left ankle
The learned Sessions Court Judge awarded RM8,000 for this injury based on
the case of Puspawangi Bte Hassan v Chou Hau [1993] Mallal’s Digest 734.
In that case RM8,000 was awarded for two laceration wounds at the right