JUDGMENT

M Shankar J:

[1] In 1984 there were 617 fatalities from road accidents alone in Johore State. Those who survived with injuries numbered 3189. The plaintiff was one of them.

[2] At the time of her accident on the 17 October 1984, she was 32 years old. She had been married 16 years. Her first child arrived within the first year of her marriage. Four others followed, the last of which was born some seven years before the date of the accident.

[3] The direct injuries caused by the impact were as follows:

a) Fracture mid shaft right femur;

b) Fracture acetabulum of pelvis on both sides;

c) About 10 cm lacerated wound over her genitals. Anterior wall of vagina was torn and extending to urethral opening;

d) Multiple contusions and abrasions around external genitalia;

e) 15 cm laceration over inguinal region on right side. This was a deep laceration exposing the muscles and the pubic bone;

f) 10cm x 12 cm laceration over right knee with skin loss. The Patella was exposed;

g) 4 cm laceration over right shin;

h) 4 cm laceration over dorsum of right foot;

i) Punctured wound over right forearm.

[4] She was admitted into hospital and there her right leg was amputated above the knee. In due course she was discharged from the hospital. A medical report dated the 26 June 1985 reveals that she had coitus about one month previously but it was painful. The doctor states that cosmetically the vaginal opening shows distortion as a result of the injury but that this can be rectified by surgery. He further states that the plaintiff is capable of having sexual intercourse but because of the injuries would not be able to have it in all positions. The husband will not be able to put his weight on her. Full penetration is possible but the movements on the part of the husband will have to be gentle. If conception occurs, normal delivery is no longer possible. A caesarean is required.

[5] The plaintiff comes from humble circumstances. Apart from her role as housewife and mother she also operated a canteen in a factory in Pasir Gudang.

[6] The trial took place on the 12 September 1985. Liability was admitted. There were agreed special damages of RM2,513 for various expenses incurred. General damages and the loss of past and future earnings were in issue.

[7] The approach taken by the plaintiff's Counsel was to take each of the injuries in turn, and set them beside awards made in previous cases for injuries of that kind and thereby arrive at a global figure. Thus it was submitted that the appropriate component awards for various items should be as follows:

a) For the fracture of the right femur ... RM14,000

b) For the fracture acetabulum ... RM20,000

c) For the vaginal injuries ... RM36,000

d) For the genital contusions laceration on the inguinal region knee and shin and the dorsum of the right foot ... RM25,000

e) For the right forearm ... RM 6,500

f) For the amputation of the leg ... RM50,000

[8] These components yield a total figure of RM151,500.

[9] At the commencement of the trial in an effort to see if the gap could be bridged, I asked Counsel for both parties what their respective estimates were for general damages. The gap was so wide that there was no option but to proceed.