RK Nathan J:

This is the plaintiff's appeal only in respect of quantum, the defendant having been found totally liable for the accident. Mr. Brijnandan for the plaintiff argued:

(a) that the award for pain and suffering amounting to RM28,000 was too low;

(b) that there should have been an award for loss of earning capacity.

Findings Of The Court

(a) Pain And Suffering

The first medical report stated that as of the date of accident that is 7 April 1996, the plaintiff was in hospital for 18 days. The injuries were as follows:

1. Closed supracondylar fracture of left femur with comminution;

2. Closed fracture mid-shaft of left tibia;

3. Old fracture of upper 1/3, left tibia.

Management:

1. Plating of left femur with bone grafting done under spinal anesthesia after 16 days of admission to hospital;

2. Fracture of left tibia was managed conservatively.

The Specialist Report

The orthopedic specialist examined the plaintiff on 18 July 1997.

The findings of the specialist were:

1. Although walked with a limping gait, able to walk unaided;

2. Left leg was 4cm shorter than the right;

3. Thigh girths when measured 10cm from the upper poles of the knee caps showed the right to be 43