JUDGMENT

Moses Susayan JC:

Background

[1] The plaintiff, Naraayanan Nair a/l Subramaniam, suffered a severe injury resulting in the amputation of his left arm. The injury was sustained during an incident on March 13, 2018. Subsequently, the plaintiff filed a claim for damages against the defendants, alleging negligence and seeking compensation under various heads including general damages, special damages, aggravated damages, future general damages, costs, and interest. On 14 October 2021 liability was admitted by the 1st defendant (the Government of Malaysia), and the claim was discontinued against all other defendants.

Witnesses

[2] For the Plaintiff:

a) Dr Kavitha Uma Ratnalingam (PW1) - Consultant Rehabilitation Physician, expert witness on the quantum of damages.

b) Puan Nadzirah Abdul Razak (PW2) - Certified Prosthetist and Orthotist (CPO), expert witness on the quantum of damages.

c) Mr Ravi s/o Ayavoo (PW3) - The plaintiff's uncle.

d) The plaintiff (PW4) - Naraayanan Nair a/l Subramaniam.

[3] For the 1st Defendant:

a) Dr Abdul Rahman bin Ab Hamid (DW1) - Rehabilitation Physician, expert witness on the quantum of damages.

Pain And Suffering And Loss Of Amenities Of Life

[4] The plaintiff seeks substantial general damages for pain and suffering and loss of amenities of life (PSLA), emphasising significant physical injuries, particularly the amputation of his left arm, resulting in ongoing pain, loss of daily functions, and considerable mental distress from negligent treatment. The plaintiff references McGregor on Damages to support a compensation claim of RM300,000.00. Conversely, the 1st defendant proposes a lower compensation of RM100,000.00, citing the Revised Compendium of Personal Injuries Award, which benchmarks RM71,500.00 to RM84,000.00 for similar injuries. The 1st defendant also points to an ex-gratia payment of RM100,000.00 received by the plaintiff, ongoing monthly aid, and precedent cases, such as Siti Nora Ashikin and Muhammad Zulkarnain, to argue that the current compensation is adequate. While the plaintiff refers to the severe impact and ongoing distress, the 1st defendant suggests existing compensations mitigate the need for higher damages.

General Damages:

Pain And Suffering And Loss Of Amenities Of Life

[5] The plaintiff's submission on pain and suffering and loss of amenities of life illustrates the significant physical, emotional, and mental distress endured due to the amputation of his left arm following medical negligence. The plaintiff experiences ongoing stump pain, phantom sensations, and severe emotional distress, including the impact on his career, social life, and daily activities. His evidence, supported by expert witnesses, highlights that these effects have significantly diminished his quality of life.

[6] In contrast, the 1st defendant proposes an award of RM100,000.00, relying on the "Compendium of Personal Injuries Award 2018," which suggests a range between RM71,500.00 and RM84,000.00 for a mid-upper arm amputation and cites cases like Siti Nora Ashikin Mohd Nafi lwn. Mohd Badrul Hisham Mohd Yaacob & Satu Kes Yang Lain, where RM70,000.00.00 was awarded for a permanent left-hand paralysis. However, considering precedents involving upper limb amputations, such as Noorasmawati Abu Othman v. Kerajaan Malaysia & Ors, where a 40-year-old woman with an above-elbow amputation received RM260,000.00 and Hasniyati Hassan & Anor v. Kerajaan Malaysia; [2022] 10 MLJ 469; [2022] 7 CLJ 565; [2022] 3 AMR 726, where RM350,000.00 was awarded to a child for an upper limb auto-amputation, a sum of RM150,000.00 for the plaintiff's case is reasonable and fair. This is because the plaintiff was young (24 years old at the time of the incident) with a promising career in the police force, suffered ongoing severe pain and emotional trauma, and experienced additional surgeries.

[7] The 1st defendant's proposed sum does not adequately account for the plaintiff's continued suffering, loss of lifestyle, and the lasting impact on his