JUDGMENT

Faiza Tamby Chik J:

This is the appeal of the appellants against part of the decision delivered on 19 April 2002 by the learned Sessions Court Judge. The appeal is in relation to the award to the respondent for medical expenses incurred that was actually satisfied by the private and personal insurer of the plaintiff. The learned Sessions Court Judge has awarded the respondent a sum of RM30,000 out of RM40,000 that was claimed by the respondent as medical expenses incurred in Ampang Puteri Hospital.

The respondent has claimed against the appellants amongst other things, special damages of RM40,000 as medical expenses incurred in Ampang Puteri Hospital. As a general rule, damages for personal injuries which incur pecuniary loss, is best explained in Halsbury's Laws of England, 4th edn., vol. 12, Butterworths (London) 1975, para 1151 with the title of & Pecuniary loss through personal injuries & , which reads as follows:

In the case of pecuniary loss, such as loss of profits or earnings, the principle of restitutio in integrum applies, and the plaintiff is entitled to be put in the position in which he would have been if the injury had not occurred, though deductions may fal