BU)ANC BIN MAT &

ANUR
v
LAI TZEN HAI & ANUR
-llrsL MoLorcycllsL
-Second llllon
rlder
lalnLlffs
-llrsL 8us drlver
-Second Cwner of
Lhe bus
uefendanLs
Action biought at Action biought at Action biought at Action biought at
Sessions Couit of Kuching
Place of acciuent Place of acciuent Place of acciuent Place of acciuent
V mile }alan Kuching-Seiian
Bate of acciuent Bate of acciuent Bate of acciuent Bate of acciuent
}uly
L Cn Ju
Cl uMLS
UST UF NURSINC ARE SESSIUN UURT REASUNS
PRE TRIAL RN8 x V months =
RM,
RN8 = mothei's salaiy as
a tailoi pei month.
FIRST PERI0B 0F YEARS RN x yeais =
RM ,
Cost to hiie a uomestic help
to assist the plaintiff's
paients
SEC0NB PERI0B 0F
YEARS
RN x yeais =
RM9,
i) The paients may not be
able to caie foi him the
next yeais.
ii) Cost to hiie a uomestic
help anu take into
consiueiation the
acceleiateu cost of hiiing
seivices
T0TAL
RN,,. - =
RM888.
Beuucteu fiom the total
amount foi contingencies,
vicissituues of life anu
acceleiateu payment.
#$
osL of nurslng care
W 1he Sesslon courL (S% [udge accepLed LhaL Lhe
f who was 22 years old 1 1PL 1lML Cl
1l could expecL Lo llve for anoLher 47
years and use Lhls Lhls flgure as mulLlpller
W She relled on medlcal evldence of 3 docLors
who gave evldence aL Lhe Lrlal regardlng Lhe
f's llfe expecLancy
W (l% ur lm Mlng nn who sald LhaL Lhe llfe
expecLancy of f could be anoLher 40 years
W (||) Dk CnING nIN SIN who sa|d that |t |s
d|ff|cu|t to pred|ct h|s ||fe expectancy but h|s
|n[ur|es wou|dn't shorten h|s ||fe Cn average
a M's|an ma|e's ||fe expectancy |s 694 years
W (lll% ur !ohnlcal who sald Pe may have 3340
years more Lo llve"
W 1he [udge preferred Lhe evldence of ur hlng
W Pavlng dlvlded LhaL Lhe 1
sL
f could expecL Lo
llve anoLher 47 years lnLo 2 perlod
(l% Lhe 1
sL
20 years when Lhe f could expecL Lo
be looked afLer by hls parenLs
(ll% 1he nexL 27 years by whlch Llme Lhe 1
sL
f's
parenLs would noL be able Lo care for hlm so he
would need Lo be cared for by Lhe llkes of a
domesLlc help or a god nurslng home"
)UDCMENT )UDCMENT
W The sessions juuge was not wiong in applying a
multipliei of yeais.
W She was entitleu to accept the eviuence of Bi Ching
Bing San that the fiist plaintiff's injuiies woulu not
shoiten his life anu that the aveiage Nalaysian male
life's expectancy was 9. yeais.
W Fuitheimoie, the plaintiff was well caieu anu
showeu maikeu piogiess in his conuition.
W Theie was sufficient eviuence befoie the session
juuge to finu that it was moie ieasonable to allow
the cost of hiiing a uomestic help to assist the
fiist plaintiff' paients to look aftei him insteau of
placing himunuei a piofessional home.
W Thus, theie was no meiit in the contention that he
shoulu be awaiueu the cost of piofessional home
nuising caie.
W Eviuence showeu that it was the fiist plaintiff's mothei
who hau caieu foi himfull time anu that his fathei only
assisteu his mothei in uoing so.
W Theiefoie, the costs foi nuising caie shoulu not
incluue the caie given by fathei.
W The sessions juuge was fully justifieu in iaising the
costs of nuising caie fiom RN8 pei month befoie
tiial to RN, pei month aftei tiial.
W Reasons:
Theie was eviuence that the sheei effoit of
caiing the fiist plaintiff was taking a heavy toll
on his mothei
The hiiing of a maiu was only to assist the fiist
plaintiff's paients anu not to ieplace the
mothei's seivices.
W Reasons:
Theie was eviuence that the sheei effoit of caiing the
fiist plaintiff was taking a heavy toll on his mothei
The hiiing of a maiu was only to assist the fiist
plaintiff's paients anu not to ieplace the mothei's
seivices.
it woulu cost moie to hiie a maiu to assist in caiing
foi a peison in the physical conuition of the fiist
plaintiff.
W The awaiu foi the seconu peiiou of yeais at
RN, pei month as the acceleiateu cost of hiiing a
maiu compaieu with RN, pei month foi the
st
peiiou of yeais coulu not be suppoiteu.
concluslon
Life expectancy 9. years
Age at time of trial - years

years {rounded off]

Less J for contingencies - years

years
ost for nursing care for years:
x x RM, = %%%
3 approaches ln deLermlnlng Lhe mulLlpller ln assessmenL of cosL
of nurslng care ln cases where a person ls prognosed Lo requlre
nurslng care for Lhe resL of hls llfe
(l% pplylng a dlrecL mulLlpller of 16 years (Marapan's
case%
(ll% pplylng a dlrecL mulLlpller noL llmlLed Lo 16 years
(lll% 8y Laklng (llfe expecLancy% (age aL Lhe Llme of
accldenL% and uslng a dlrecL mulLlpller
(|v) by tak|ng (||fe expectancy) (age at the t|me of
acc|dent) (1]3 for cont|genc|es) and us|ng a d|rect
mu|t|p||er (Nazor|'s case)
(v% 8y Laklng (llfe expecLancy% (age aL Lhe Llme
of accldenL% and uslng annulLy Lables wlLh no
deducLlon for conLlgencles
W 1he [udge had adopLed approach (lv% ln
arrlvlng aL her award for cosL of fuLure nurslng
care