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2025 MarsdenLR 55

HIGH COURT MALAYA IPOH
THAVANI KALIAPERUMMAL – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


Petitioner Advocates:Ranjit Singh,Harveynder Singh Tyndall ,Respondent Advocate: Fariza Amira Azman

Table of Content
1. case background and negligence (Para 1)
2. details of medical treatment (Para 2 , 3)
3. plaintiff's claims for damages (Para 4)
4. claim for special damages (Para 5)
5. claims for police and medical reports (Para 6 , 7)
6. allowance of funeral expenses (Para 8 , 9 , 10 , 12 , 13)
7. claim for loss of dependency (Para 11)
8. assessment of general damages (Para 14 , 15 , 16)
9. global award for pain and suffering (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35)
10. costs and interest awarded (Para 33)

JUDGMENT

Moses Susayan JC:

Introduction

[1] The case involves Thavani A/P Kaliaperummal, the lawful mother and dependent of the deceased Komathi A/P Chellamuthu, who tragically passed away on 5 July 2018. Komathi sustained a right knee injury from a motorcycle accident on 4 May 2018. She received initial treatment at the 2nd defendant clinic, where she was diagnosed with a soft tissue injury and discharged with painkillers. Despite multiple subsequent visits to the clinic and the 6th defendant hospital, Komathi's condition was consistently misdiagnosed as a soft tissue injury without adequate investigation for potential Deep Vein Throm


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