Published: Wednesday November 4, 2009 MYT 7:25:00 PM
Accident victim gets RM1.1mil in damages
PUTRAJAYA: A mother of two who became paralysed after a lorry driven by her husband collided with a car 11 years ago, was awarded about RM1.1mil in damages by the Court of Appeal here on Wednesday.
Justices Tengku Datuk Baharudin Shah Tengku Mahmud, Datuk Sulong Matjeraie and Datuk T. Selventhiranathan allowed the appeal by Nauren Abdul Manaf, 54, with costs and interest.
She also received RM302,400 for cost of nursing care, RM93,600 for pampers, RM200,000 for future care, general damages of RM400,000 for paralysis suffered by her of RM400,000, loss of amenities of RM100,000 and RM30,000 in costs.
The quorum, however, maintained the High Court’s decision in not awarding Nauren the cost of her husband’s loss of income.
She appealed to the Court of Appeal as she was unhappy with the Seremban High Court’s decision, delivered on March 8, 2006, which reduced the quantum of some of damages awarded to her by the Sessions Court following an appeal by the defendant, Chew Ming Thai.
On Nov 5 2004, the Seremban Sessions Court held Chew 100% responsible for the accident and ordered him to pay RM1,478,672.94 in general and special damages.
The lorry driven by Nauren’s husband collided with a car driven by Chew at KM271 of the Seremban-Kuala Lumpur highway on Aug 23, 1998. Nauren’s counsel Jerald Gomez submitted that as a result of the accident Nauren developed an illness called post-traumatic dystrophy, also known as complex regional pain syndrome where her condition would deterioriate from time to time, causing her to lose her bodily functions.
He said a specialist, Dr Edmond Ong, had testified that Nauren would require full-time care and attention because her injury would spread over time and she might eventually be bedridden.
Jerald also argued that the quantum for general damages should be increased because that the particular paralysis suffered by Nauren was a unique one as she suffers pain 24 hours continuously.
Chew’s counsel Shanta Mohan urged the court to maintain the quantum of RM200,000 awarded by the High Court for general damages on the ground that the amount was the highest award given by law.
He said there was no medical evidence to say that Nauren was totally paralysed. -- Bernama
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