Abdul Hamid J:

The plaintiff is seeking for judgement to be entered against the defendant; for special damages in the sum of $3,490.75; and for damage and costs.

Liability is not denied and a sum of $2,000 is agreed as special damages. The only remaining question for the Court to decide is the quantum of general damages.

On 19 October 1971 the date of the accident, the plaintiff was a secondary school student at The Convent of the Infant Jesus, Bukit Nanas, Kuala Lumpur. She was walking along the pavement of Jalan Hishamuddin, Kuala Lumpur in the direction of the Post Office when the defendant driving motor-car No BE 5245 coming from the direction of the railway station mounted the pavement and knocked violently into the plaintiff from behind causing serious injuries.

At the hearing, Encik Mansor bin Mohamed Noor, the plaintiff's father testified that after the accident, the plaintiff was admitted to the General Hospital bleeding all through. Dr. Khaw Joo Hua, a Consultant Othorpaedic Surgeon, stated in his report that the plaintiff suffered the following injuries:-

(a) 10" long ragged laceration over the antero-lateral aspect of the right forearm extending from the antecubital fossa downwards. The flexor muscles and the radial component of the extensor muscles were exposed and lacerated. There were numerous pieces of dirt and paint chips in the wound;

(b) 3 ragged lacerations measuring about 1" diameter each over the medial aspect of the right thigh. These lacerations were deep and exposed the underlying muscles; and

(c) small superficial laceration on the inner aspect of the left labia minora of her external genitalia.

Emergency surgery of excision of wound of the right forearm, debridement and closure of the anterior defect by split skin graft was performed on 19 October 1971. Toilet and suture was done for the right thigh. On 1 December 1971, excision of slough over the lateral aspect of the right forearm and skin grafting were performed."

The plaintiff was discharged from the hospital on 11 December 1971 after spending approximately 54 days in the hospital. Dr. Khaw also examined the plaintiff on 30 September 1974 and gave the following findings:

The whole of the upper of the right forearm and elbow is occupied by an area covered with grafted skin and scars. Over the lower part it covers the whole circumference of the forearm for a distance of 3". In the upper part, there are two extensions measuring 8" long by 2" wide over the ventral and dorsal aspects. Sensation to pin prick is absent on the areas with grafted skin.

This scarred area is very unsightly with concave defect over the ventral and radial aspects of the forearm representing the area of loss of subcutaneous tissue and muscles. The circumference of the right forearm measured 7" and 5'be" at 4" and 6" respectively below the olecranon compared to 7'be" and 6'be" at the same respective distances from the olecranon on the left side. There is thus a diminution of between 'be" to 1" in the circumference of the right forearm.

Movements of the right elbow. wrist and fingers are full range and comparable to the left side. She also has full muscle power in the muscles controlling the right elbow and wrist However, the grip of her right land is slightly diminished - 4+ compared to power 5 in the left hand. Sensation of the right hand is not impaired.

The three lacerations of the right thigh have healed with considerable keloid formation.

The anterior aspect of the left thigh was the donor area for skin used in the skin grafting operation. There is an area of 6 & 'bd" x 5"W where the skin is a little less pigmented. In addition, there are three areas of keloid formation measuring 3" length 'd7 1 & 'bd" width and 1" length 'd7 1" width respectively over the medial aspect of the thigh.

X-rays of the right forearm bones do not show any bony lesions.

Dr. Khaw expressed the opinion that

the lacerations over the right thigh have healed with considerable