Motorcyclist ordered to pay RM1.88mil in damages to disabled victim of road crash

New Straits Times

22-04-2025

KUALA LUMPUR: A Sessions Court here has ordered a motorcyclist to pay RM1.88 million in damages to a 37-year-old man who was left permanently disabled following a road crash six years ago.
Judge Wan Nor Aklima Wan Salleh ruled in favour of Annad Hassan, apportioning 90 per cent liability to the defendant, Lim Chai Hock, and 10 per cent to the plaintiff for contributory negligence.
Annad suffered severe brain trauma and multiple fractures in the March 22, 2019 accident and is now bedridden, unable to speak or perform daily tasks independently.
He is cared for by his sister, Lazinda Hassan, who is also named as the second plaintiff in the case.
The court awarded RM450,000 in general damages, including compensation for traumatic brain injury, a fractured skull and collarbone, lung contusion, facial fractures, disfiguring scars, and anticipated pain from future surgery.
Lim, who did not call any witnesses during the trial, filed an appeal against the quantum but failed to specify which portions were being challenged. The appeal was dismissed.
In rejecting the appeal, Wan Nor Aklima cited a Federal Court ruling, stressing that damages are meant to compensate, not to reward or punish.
The judge said Annad's medical reports, rehabilitation assessments, and testimonies showed he was fully dependent on others and had no likelihood of recovery.
"The plaintiff is totally dependent for activities of daily living… he is unable to talk, communicate, or respond to any questions from his caregivers," she said in her ground of judgment dated April 17.
In addition to general damages, the court awarded RM1.43 million in special damages, including:
- Loss of earnings and Employees Provident Fund employer contribution (RM381,713)
- Future nursing care (RM288,000)
- Medical supplies and paraphernalia (RM485,921.38)
- Ambulance and outpatient costs (RM60,800)
- Physiotherapy (RM57,600)
- Wheelchair (RM12,160)
- Past nursing care and equipment (RM137,513.70)
- Home modifications for accessibility (RM8,000)
The court also dismissed Lim's application for the compensation to be placed under Amanah Raya and released in stages.
The judge said this would complicate matters for both parties, and dealing with Amanah Raya would incur certain administrative costs.
"The plaintiffs will not have the opportunity to make a further claim if the awarded sum proves insufficient, especially if Annad's health deteriorates and requires higher medical expenses.
"Therefore, the compensation is awarded as a lump sum, rather than in stages," she said, adding that the total sum is to be paid to the plaintiffs' solicitors accordingly.
Lawyer Balvinderjit Kaur appeared for the plaintiffs, while Amar Jit Kaur Dharam Singh represented the defendant.