Quantum Of Damages Personal Injury Awards  

Quantum Of Damages Personal Injury Awards

ISBN 978-983-3519-38-5
Author: Nasser Hamid
Binding: Soft cover
Publication Price: MYR MYR 350.00 MYR 300.00 (Special Offer)
The law is stated as of February 1, 2014

It is settled law that damages in tort are not meant to be punitive; neither a reward. Damages are meant to be a form of compensation that will give the injured party reparation for the wrongful act so far as money can compensate. It is not meant to enrich the injured party. Therefore, the compensation must by fair, reasonable and adequate but not excessive (Yang Salbiah & Anor v Jamil bin Harun [1981] 1 MLJ 292) The aim is to put the injured party back as it were, as far as possible to his original position prior to the tortuous act which caused the damage (Shanmugam a/l Gopal v Zinal Abidin bin Nazim and Anor [2003] 3 MLJ 76; Ong Ah Long v Dr S Underwood [1983] 2 MLJ 324 (FC)): Ku Jia Shiuen (an infant suing through her mother and next friend, Tay Pei Hoon) and Anor v Government of Malaysia and Ors [2013] 4 MLJ 108.

Personal injury awards are premised on the latest trend of awards for a particular injury.

Although it is almost impossible to standardize damages for pain and suffering and loss of amenities in running down cases, it is in the interest of all concerned that the trend of awards should be maintained so that Insurance Companies and practitioners have some idea as to how these cases will ultimately be dealt with here. This will facilitate out of court settlement or at least agreement on quantum and will no doubt benefit road accident victims (see Seenivasan & Anor v Lim Yew Seng [1961] MLJ 22). The learned Commissioner did not seem to consider adequately the authorities cited before him. Nor did he give any indication as to how he had arrived at his estimate. Had he done so we might probably have found it difficult to disturb his assessment: Mohamed Azmi FJ in Tay Tong Chew & Anor v Abdul Rahman Bin Haji Ahmad [1985] 1 MLJ 50 (FC).

Personal Injury Awards (Quantum of Damages) 2014 is the latest and most comprehensive publication on this specialised area of legal practice.

The Awards are arranged in reverse chronological order, that is, the latest cases are provided first to indicate the latest trend of awards.

Sources from which the Awards are presented:

  • The Malayan Law Journal
  • The Malaysian Current Law Journal
  • The Personal Injury Reports
  • The Proposed Compendium of Personal Injury Awards revised as of October 11 2013

The Injuries are arranged in the following sections:

  • Orthopaedic Injuries
  • Internal Injuries
  • External Injuries
  • Multiple Injuries

Each award provides the case name, the award in monetary terms and the following:

  • Notes to Award
  • Description of Injuries
  • Notes to Injuries
  • Disabilities
  • Notes to Disabilities
  • Comparables