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2021 MarsdenLR 1588

HIGH COURT MALAYA TAIPING
MOHD RASUL MOHD ZABIDIN & ANOR – Appellant
Versus
PROJEK LEBUHRAYA USAHASAMA SDN BHD – Respondent


Petitioner Advocates:Anis Asmira Amir Sharifuddin ,Respondent Advocate: Amirah Abdul Latif

JUDGMENT

Muniandy Kannyappan JC:

Background Facts

[1] It was an accident case which occurred on 11 Mac 2016, at about 7.30 am when Mohamad Rasul, first plaintiff was on a motorcycle on his way to work at Kamunting, Taiping. He worked as a technical inspector with his employer Empayar Indera Sdn Bhd, second plaintiff, to whom the motorcycle that he was riding on that fateful day belonged.

[2] According to Mohamad Rasul, as he was exiting towards the Changkat Jering tol, he allegedly encountered an oil spill at 220. 7 km, which resulted in the road being slippery. Consequently, he lost control of his motorcycle and hit a road divider. He suffered serious injuries and was admitted to hospital Kuala Kangsar and Taiping for one and a half month.

Injuries Suffered

[3] He was also referred to an orthopaedic specialist who had diagnosed severe injuries to the hip, right knee and leg which would severely impede his movements. He will not be able to walk properly, bend his knee, or stand for long hours. Specifically, according to the orthopaedic specialist, Dr v. Moorthy, his current health condition is: right thigh and knee pain, right knee stiffness, limping gait, right leg shortening, unable to


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