Mohd. Azmi FJ:

On 12 November 1981, the right hand of Miss Rethana aged 18 years was caught in a cutting machine whilst working at the plywood factory of Weng Meng Industrial Sdn. Bhd. at Puchong, Selangor. As a result of the accident, she lost her thumb and three fingers which is indeed a tragedy for a young girl of her age. Under the provisions of the Employees' Social Security Act, 1969, she belongs to a class of employees who are insured against such accidents, and accordingly she has been awarded under the Act a benefit of RM1.50 per day giving her a sum of about RM1,026 over a period of two years. She refuses to accept the award contending that it is unconstitutional in that if she had not been barred by the Act to sue her employer for negligence in a Court of Law, she would expect the Court to award her damages in the region of RM74,000 based on current awards given by the Courts for similar injuries. Through her father and next friend Mr. M. Rajasigamoney, she applies to me as a Federal Judge by notice of motion for leave under Article 4(4) of the Federal Constitution to commence proceedings in the Federal Court against the Government of Malaysia for a declaration