Judgment - The High Court of Sabah & Sarawak

More documents

Recommendations

Info

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
5 10 15 20 25 9 [KCH-12B-7-2011] elbow. In the same case, RM5,000 was awarded for the laceration wound at the left ankle. In another two cases, Samsaimon B Majid v Hamdan B Sian [2009] 2009 PIR [61] and Jamal B Ali v B Ghani [2009], RM6,000 and RM3,000 respectively for lacerations wounds on the legs. Counsel for defendants submitted that RM4,000 is appropriate based on the case of Jahit b Taslim v Jefry b Gumun [2009] 2 PIR [56]. The learned Sessions Court Judge's award though generous is supported by the precedents she cited. Moreover, she had the benefit of considering the medical evidence of the orthopedic surgeon who described the wounds as fairly serious. In the premises, I see no reason to disturb the award. Multiple abrasion over right arm, elbow and hand The learned Sessions Court Judge awarded RM5,000 for the above injuries. In the lower court, Counsel for defendants submitted the case Wong Yee Cheong v Toh Seng Chuan [1988] 2 CLJ 555 where the court awarded RM2,000 for multiple lacerations and abrasion and Sulaiman bin Chik v Ang Ah Choo [1989] 2 CLJ 492 where the court awarded RM3,500 for lacerations and abrasion wounds. The learned Sessions Court Judge preferred the more recent cases of Mohamad Abrar Amir Rasyid v Sykt Kerjasama Kenderaan & Pengangkutan Ipoh Bhd [2010] 2 PIR [30] where RM8,000 was awarded for multiple abrasion, lacerations and scars. Before me, Counsel for defendants submitted the cases of Abdul Rahim b Md Noor v Hee Voon Hon [2009] 2 PIR [22], where the court awarded RM1,500 for multiple abrasions and the case of Jamal b Ali v Rahmat b Ghani [2009] 1 PIR [38] where the court awarded RM2,500 for abrasion wounds on the face, left foot and left elbow. The report in this case is only a synopsis. There is no mention of the seriousness or extent of the abrasion wounds. Moreover, in cases that are
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: 5 10 15 20 25 7 [KCH-12B-7-2011] In
Page 11: 5 10 15 20 25 30 11 [KCH-12B-7-2011

Judgment - The High Court of Sabah & Sarawak

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

Delete template?

Save as template?