Mohamed Azmi J

This is a claim for damages for personal injuries and consequential loss sustained by the plaintiff from a road accident that occurred along Persiaran Swettenham, Kuala Lumpur, on July 4, 1974 at about 5.00 p.m. The plaintiff was riding motorcycle BE 8475 from the direction of Jalan Damansara towards Jalan Duta when a collision occurred with motor car AL 6725 driven by the defendant from the opposite direction. On the pleadings, the defendant denies liability and he also counterclaims $1,264.69 as special damages in respect of his damaged car.

From the statement of agreed facts, the collision between the two vehicles is not disputed. It is further agreed that as a result of the accident, the plaintiff suffered injuries as shown in the medical report dated August 5, 1975 (AB1).

During the trial, liability is agreed by the parties on a 50/50 basis. On that basis, special damages for the plaintiff's actual loss of earning was agreed at $400, and the sum of $425 was also agreed in respect of the defendant's counterclaim. The only issue for determination is on the plaintiff's claim of general damages for pain and suffering and loss of amenities. There is no claim for loss of future earnings and loss of earning capacity.

As the issue is only confined to the quantum of general damages for pain and suffering and loss of amenities, both parties did not call any witness and they rest their case on submissions based on the pleadings, statement of agreed facts and the six documents in the agreed bundle of documents (AB1 to AB6).

In assessing damages for pain and suffering and loss of amenities, I take into consideration the fact that the plaintiff is a young man of twenty years working as a Despatch Clerk. He was taken to the Accident Unit of the University Hospital after the collision. He suffered pain in the spine and chest although he was not in shock. A small laceration was found over the left eye-brow. The spine was rigid and tender. X-rays showed wedge-compression fractures of the second, third and fourth lumbar vertebrae, and a fracture of the right ischiopubic ramus. He did not suffer any kidney injury or neurological deficit with his spinal injury. After being hospitalized for twelve days, he was found fit for discharge, although he was sent for physiotherapy as an outpatient.

For the small laceration of the left eye-brow, counsel for the defendant has suggested a figure between $300 and $400. Counsel for the plaintiff suggests a figure of $1,500. The laceration has healed, but it leaves a permanent one-inch scar. In my view, although the scar is without keloid formation, it is very noticeable, and having regard to his age, the permanent scar will no doubt affect his facial appearance. In the event, a figure of $800 would be fair and adequate.