Zulkefli Makinudin JCA:

[1] This is an appeal by the plaintiff against the decision of the learned Judge of the High Court at Penang who on an appeal by the plaintiff in respect of quantum only had affirmed the award of damages made by the learned Judge of the Sessions Court and dismissed the plaintiff's appeal. At the Sessions Court the defendant had been found totally liable for the accident.

[2] Mr Brijnandan Singh Bhar, learned counsel for the plaintiff before the High Court on appeal and again before us had argued on two main grounds as follows:

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

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

Pain And Suffering

[3] In the first medical report produced for the plaintiff it is 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 hosp