Halim Putra Arifin & Ors

[2016] PILRU 8 v. Mohamad Yusri Maaza & Anor pg 1

HALIM PUTRA ARIFIN & ORS

v.
MOHAMAD YUSRI MAAZA & ANOR

High Court, Shah Alam

Harith Sham Mohamed Yasin SJ
[Civil Appeal No: BA-12B-159-09/2016]
1 September 2016

QUANTUM TABLE

1. Abrasion and laceration - Abrasion

2. Abrasion and laceration - Laceration
3. Head - Concussion
4. Head - Consciousness
5. Head - Jaw
6. Lower limb - Ankle
7. Lower limb - Tibia and fibula
8. Miscellaneous condition - Sympathetic dystrophy
9. Muscle wasting - Upper limb
10. Scars - Scarring
11. Upper limb - Shoulder

Date of accident: 23 April 2012

Brief description of plaintiff's injuries

(First plaintiff)

1. Abrasions

2. Closed fracture of the left clavicle

(Second plaintiff)

1. Cerebral concussion

2. Closed fracture of the right tibia and fibula

(Third plaintiff)

1. Deep laceration wound over the forehead

2. Fracture of the right parasymphysis mandible

Disabilities

(First plaintiff)
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1. 1 cm muscle wasting in the left arm and forearm respectively

2. 1 cm shortening of the left clavicle

3. Limitation of the movements of the left shoulder

4. Malunion of the fracture of the left clavicle

5. Tenderness and deformity of the left clavicle

(Second plaintiff)

1. 2 cm muscle wasting in the left thigh

2. 2 cm shortening of the right lower limb

3. Disuse osteoporosis of the left ankle

4. Limitation of the left ankle in dorsiflexion

5. Post traumatic sympathetic dystrophy

6. Scars

(a) 4 cm x 3 cm abrasionscar over the right knee

(b) 7 cm transverse scar over the left shin

(c) 10 cm longitudinal scar over the left shin

(d) Five external fixator scars over the left leg

(Third plaintiff)

1. Loss of consciousness

2. Loss of lower tooth

3. Poor alignment of the jaw

Plaintiff's age

(a) As at date of accident: NA

(b) As at date of hearing: NA

Plaintiff's occupation

(a) As at date of accident: NA

 Halim Putra Arifin & Ors
[2016] PILRU 8 v. Mohamad Yusri Maaza & Anor pg 3

(b) As at date of hearing: NA

Liability

100% against the defendants

Award(Based on 100% liability)

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pg 4 v. Mohamad Yusri Maaza & Anor [2016] PILRU 8

NOTE

1. An appeal was lodged by the defendants at the High Court, Shah Alam in
Civil Appeal No BA-12B-159-09/2016. A cross-appeal was further lodged by
the first plaintiff.

2. The High Court on 29 March 2018 allowed the defendants' appeal against
quantum and set aside the Sessions Court's award for the second plaintiff for
 Halim Putra Arifin & Ors
[2016] PILRU 8 v. Mohamad Yusri Maaza & Anor pg 5

post traumatic sympathetic dystrophy and pain and suffering during future
surgery.

3. The High Court had also allowed the first plaintiff's cross appeal in part and
increased the Sessions Court's award for closed fracture of the left clavicle
from RM12,000.00 to RM20,000.00

Interest

(a) 2.5% per annum on special damages from date of accident until
date of judgment.

(b) 5% per annum on general damages from date of service of

summons until date of judgment.

(c) 5% per annum on total judgment sum from date of judgment until
date of full settlement.

Counsel:
For the plaintiffs: Harjeet Singh; M/s PS Sohanpal & Sidhu
For the defendants: Ratnavathy Navaratnam; M/s Viknes Ratna & Co

[Order accordingly.]