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2015 MarsdenLR 2040

COURT OF APPEAL PUTRAJAYA
INAS FAIQAH MOHD HELMI – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


Rohana Yusuf JCA:

[1] The appellant's appeal concerns the assessment of damages ordered by the High Court at Shah Alam on 16 April 2013, resulting from a claim on medical negligence. The appellant, an infant suing through her father as her next friend, suffered from Quadriplegic Spastic Cerebral Palsy ("QSCP") arising from child birth and treatment at the 1st respondent's hospital. At the date the matter was set for trial at the High Court, liability was agreed between parties and the trial proceeded only on the issue of damages. At the end of the trial the learned High Court Judge awarded a total sum of RM1,193,442.39 as damages together with interest and costs.

[2] The appellant contended that the sum awarded by the learned judge was manifestly low. Dissatisfied with some of the items of damages not taken into account, the appellant lodged this appeal which came before us on 24 February 2014. We have unanimously dismissed the appeal and our reasons are set out below.

[3] For convenience, we produce in extenso the damages as ordered by the learned High Court Judge:

"Ganti rugi khas

Ganti rugi pra-bicara

kos kenderaan

Ganti rugi am

Ganti rugi am masa depan

Faedah

Kos

Principle In Assessing Da

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