DALAM MAHKAMAH TINGGI MALAYA DI PULAU PINANG RAYUAN SIVIL NO__________________ ANTARA Ang Lee Lee DAN Lim

Yam Chai Responden Perayu

(Dalam perkara di Mahkamah Sesyen Di Butterworth melalui Guaman Sibil No. : 53-546-2005) ANTARA Lim Yam Chai DAN Ang Lee Lee ALASAN PENGHAKIMAN A. This appeal is only with regards to quantum. In this case there were five medical reports prepared pursuant to the injuries sustained by the plaintiff as a result of the accident. These reports which were filed in the plaintiffs Bundle of Documents were as follows:B. 1. Medical report dated 1/8/2005 from Hospital Seberang Jaya 2. Medical Report from Hospital Bukit Mertajam dated 6/4/2006 C. A. 3. Medical Report dated 22/3/2006 from Hospital Pulau Pinang 4. Medical report dated 11/1/2007 and 5. Medical Report dated 20/3/2007 from Island Hospital. In the initial medical report the injuries stated were: B. 1. Cerebral concussion 2. Soft tissue injury 3. Left eye injury C. Award by the court for the above injuries: Defendan Plaintif

1. Cerebral Concussion. D. The court awarded the sum of RM5000 for cerebral concussion. The plaintiff suffered a loss of consciousness for an unknown duration of time. 2. Soft Tissue Injury The initial medical report has stated that there was a deep laceration wound 5 cm x 5 cm over the left zygomatic region extending to the lower eyelid with loss of tissue. There were multiple facial lacerations. Since the deep laceration involved some loss of tissue at the facial area, the court agreed with counsel for the plaintiffs suggestion that an award of RM5000 was justifiable. 3. Left Eye Injury In 2004, the plaintiff was diagnosed as having subretinal fibrosis at Bukit Mertajam Hospital. He was referred to Selayang Hospital for further treatment. His left vision is counting fingers at 1 foot. Counsel for the plaintiff has informed the court that the loss of vision is not relevant in this claim for compensation. What is being claimed is the injury stated as extropion of the left lower eyelid.(See medical report dated 22/3/2006 from Hospital Pulau Pinang). The plaintiff underwent two operations in an attempt to correct this problem. On 7/6/2005, surgery was carried out to release the left lower eyelid extropion and full thickness skin graft was done. Later on 30/11/2005, a wedge excision of residual extropian of the left lower eyelid was done. It was noted in the report as follows: Post operatively, tearing reduced. Scar well healed with no corneal show. In the final medical report from Island Hospital dated 20/3/2007, it was noted that his left eye still has a minor extropion of the lateral side of the left lower lid but this is correctable by plastic surgery. Counsel for the plaintiff argued that a sum of RM25,000 should be awarded and defence counsel countered that with a suggestion of RM10,000. The court after taking due consideration of both parties submission felt that a sum of RM15,000 would be fair, reasonable and just. Despite undergoing two operations with skin grafting on the injured site the problem is still subsisting. Since the injury is at such a visible part of his face, the court was of the considered view that RM15,000 was a reasonable sum to compensate the plaintiff. Dated 8 March 2010 C. Julie Lack Hakim Mahkamah Sesyen Butterworth

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