James Foong Cheng Yuen J:

[1] The plaintiff in this case suffered injuries as a result of a road accident that happened on 25 December 1988. On the said day the plaintiff was riding his motor cycle JAV6366 along Jalan Johor Bahru/Kota Tinggi from Johor Bahru in the direction of Kota Tinggi. At or near the 18 ms of the said road, an accident occurred between his motor cycle and a motor car number BBF5780 driven by the defendant.

[2] At the trial of this case, the plaintiff testified that motor car BBF5780 while overtaking him swerved into his path and collided into him. A sketch plan drawn up by the traffic police personnel was also adduced by the plaintiff's Counsel.

[3] The defendant was not present at the hearing and did not give evidence but his Counsel Mr Kumar represented him.

[4] After careful consideration of the evidence of the plaintiff including documentary evidence such as the sketch plan and relevant photographs, I find that the defendant is solely to be blamed for the said accident.

[5] As for the quantum of damages, only 2 matters need to be decided by this Court as the rest were agreed upon by both parties. The 2 matters are as follows;

1. Pain and suffering (general damages)

2. Medical expenses incurred by the plaintiff in a hospital in Singapore (special damages)

[6] I shall first deal with the quantum regarding pain and suffering (general damages).

[7] The injuries of the plaintiff can be classified under 4 headings:

(1) Brachial plexus

The plaintiff suffered a lesion affecting C5 and C6 nerve root. There is considerable wasting of muscles of the deltoid, the biceps and the triceps of the left upper limb. Due to this wasting, the plaintiff's shoulder joint contour is distorted. There is also significant wasting of muscles of the left forearm. As the result of the aforesaid scars were left with diminished sensation to pin prick over C5 and C6 dermatones.

[8] Mr Jegatheeson Counsel for the plaintiff submitted to me that the plaintiff should be entitled to a sum of RM30,000 for pain and suffering under this category. Mr Kumar on the other hand felt that this category of damages should be tied up to the second category injuries which I shall shortly state. For the combination of this and the second category of the injuries Mr Kumar is of the opinion that the plaintiff is only entitled to RM55,000.

(2) Fracture of left radius and ulna, comminuted fracture of the 4th and 5th metacarpal, fracture of the proximal and middle phalanges of the 4th and 5th digits.

[9] Most of these fractures were healed but resulted in certain amount of restriction in mobility.

[10] Mr Jegatheeson submitted a sum of RM25,000 for pain and suffering under this category.

[11] I am of the opinion that injuries in category (1) and (2) are very much related as it involves the right arm and hand of the plaintiff. For this I award the following for pain and suffering:

(a) brachial plexus - RM25,000

(b) fracture of the ulna and radius - RM15,000

(c) fracture of metacarpal and phalanges - RM10,000

making it a total of RM50,000 under the aforesaid two categories.

(3) Hip injury

The plaintiff suffered from a fracture of the left acetabular with central dislocation of the hip joint. The result is that the plaintiff walks with a Trendelenburg gait with limitation of hip movement.

[12] Mr Jegatheeson submitted a sum of RM40,000 while Mr Kumar argued that the plaintiff should only be entitled RM30,000.

[13] After considering the awards by the Courts on this type of injuries, I find that the plaintiff is entitled to RM30,000 for this category of pain and suffering.

(4) Fracture of right femur

Both Counsel agreed to an award of RM12,000 for this category of injury.

[14] From the aforesaid, I therefore award a total sum of RM92,000 for pain and suffering of the plaintiff coupled with the agreed sum of RM27,030 for loss of future earnings, the plaintiff shall be entitled to a sum of RM119,030 as general damages.

[15] I shall now turn to the next disputed claim and this is for