RAHMAH HUSSAIN
HASSAN DATOLAH – Appellant
Versus
KERAJAAN MALAYSIA – Respondent
Rahmah Hussain J:
The plaintiff' claims against the defendant are as follows:
(1) General damages.
(2) Special damages.
(3) Interest on general damages at 8% per annum from the date of service of summons to the date of judgment or realisation.
(4) Interest on special damages at 4% per annum from 8 May 1992 to the date of judgment and 8% per annum from the date of judgment to the date of realisation.
(5) Costs of this action.
(6) Further or other relief as this Honourable Court may deem fit and proper.
The brief facts of this case are:
On the night of 30 April 1992 at about 8pm, while returning from the "surau" (place of worship), the plaintiff missed a step. He did not fall but felt a slight pain at the back of his body. He did not seek any medical treatment that night. The following day was a public holiday being "labour day". He continued with his daily routine that is, by going to the surau and participating in the gotong-royong. Finally, on 2 May 1992, he went back to work. Then on 4 May, when the pain at his back became unbearable he went to Fauziah Clinic to seek medical treatment. There was no improvement in his condition, so he went to Sentosa Clinic to seek a seco
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