34 Personal Injury Reports [2009] 2 PIR [6]

Mani Selvam a/l Ponnusamy 1

v
Roslina bt Hassan
5

Sessions Court, Selayang – Summons No 53-225-06

Hayatul Akmal Abdul Aziz scj

[6] Quantum – Abrasions and lacerations – Multiple lacerations – Head – Eye

– Haematoma in both eyes – Loss of consciousness – Head injury – Mild head injury 10
– Lower limb – Ankle – Closed fracture of right medial malleolus – Femur – Closed
fracture of right femur – Upper limb – Shoulder – Closed fracture of right clavicle

Date of accident
October 11, 2005
15

Date of judgment
April, 6 2004

Brief description of plaintiff’s injuries

1. Closed fracture of the right clavicle 20
2. Closed fracture of the right femur
3. Closed fracture of the right medial malleolus
4. Haematoma in both eyes
5. Laceration wound over the lips and right upper and lower limbs
6. Loss of consciousness 25
7. Mild to moderate head injury

Disabilities
1. Malunited fracture of the right femur with 1 cm lengthening of the thigh
2. 1 cm shortening and malunion of the right clavicle
3. 1 cm swelling of the right ankle 30

4. 1 cm wasting of the right calf

5. 1 cm wasting of the right thigh
6. Blurring of vision (particularly at night)
7. Bony deformity of the right clavicle
8. Inability to squat fully, run or play games and to lift weights 35
9. Limitation of movement of the shoulder joint
10. Mild limp on the right side
11. Post traumatic syndrome, short term memory loss, depression with loss
of self confidence
40
 Mani Selvam a/l Ponnusamy v Roslina bt Hassan
[2009] 2 PIR [6] Hayatul Akmal Abdul Aziz scj 35

1 12. Scars
(a) 3 cm x 1 cm surgical scar over the right ankle
(b) 6 cm x 2 cm laceration scar over the right shoulder
(c) 9 cm x 2 cm and 4 cm x 1cm surgical scars over the right thigh
5 (d) Deep abrasion scars over the right leg
13. Short term memory loss
14. Stiffness and limited movements of the right hip and ankle
15. Wasting of the right shoulder girdle

Plaintiff’s age
10
(a) As at date of accident : 23 years
(b) As at date of hearing : NA

Plaintiff’s occupation
(a) As at date of accident : General worker
15 (b) As at date of hearing : NA

Plaintiff’s earnings
(a) As at date of accident : NA
(b) As at date of hearing : NA
20
Liability
30% against the defendant

Award (Based on 100% liability)

1. General damages
25 (a) Closed fracture of the right clavicle with 1 cm
shortening (Note: The fracture has malunited) – RM 15,000.00
(b) Closed fracture of the right femur with 1 cm
lengthening of the right thigh
(Note: The fracture has malunited and the
30 plaintiff suffers from stiffness and limited
movements of the right hip and ankle, mild
limp on the right side, 1 cm swelling of the
right ankle, 1 cm wasting of the right calf and
thigh and is unable to squat fully, run, play
games and lift weights) – RM 30,000.00
35
(c) Closed fracture of the right medial malleolus – RM 20,000.00
(d) Haematoma in both eyes
(Note: The plaintiff as a result suffers from
blurring of vision particularly at night) – RM 5,000.00
(e) Laceration wound over the lips and right
40 upper and lower limbs – RM 10,000.00
(f) Loss of consciousness – RM 5,000.00
36 Personal Injury Reports [2009] 2 PIR [6]

(g) Mild head injury 1

(Note: The plaintiff as a result suffers from
post traumatic syndrome, short term memory
loss, depression with loss of self-confidence
and is retarded and handicapped) – RM 30,000.00 5

2. Special damages
(a) Cost of future surgery – RM 2,250.00
(b) Loss of earnings (RM500.00 x 6 months) – RM 3,000.00
10
Interest
(a) 4% per annum on special damages from date of accident until date of
judgment.
(b) 8% per annum on general damages from date of service of summons
until date of judgment.
(c) 8% per annum on total judgment sum from date of judgment until date 15
of full settlement.

Solicitors
Mohd Saufi Samsudin & Sooriabalan Mahalingam (G Dorai & Co) for plaintiff
Mohd Khalil Tajuddin (Nazri Azmi Islinda) for defendant 20

25

30

35

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