type of damages

Objective of damages

general objective is to compensate victim and damages claimed should be reasonable not punitive nor unjust enrichment

Yang Salbiah v Jamil b Harun

can only claim once - Yang Salbiah v Jamil B harun

following fitter v veal

there are 2 type of dmgs

Special damages

Pecuniary losses, must be quantified, specifically pleaded

general damages

non-pecuniary losses, cannot be quantified, no need pleaded

can jalan both at the same time, P bear bop on balance of probabilities - Tan ah kau v the govt. of malaysia

Personal injuries claim

Special damages

can claim on personal ppty, which are damaged/lost/destroyed

Parvathy v liew Yok Khoon

Medical

govt hospital, ok - Chai Yee Chong v Lew Thai

private hospital, ok as long as reasonable - Yaakub Foong v Lai Mun Keong

same goes to foreign hospital

future medical expense, ok - Thirmalai v Mohd Masry b Tukiman

cost attached to medical

traditional meds, eg birdnest can claim if proven to be reliable and evident

Seah Yit Chen v Singapore Bus Service Ltd

substitute work can be claimed - Raja Zam zam v vaithiyanathan

transport fee, ok - Lim kiat Boon v Lim Seu Kon

artificial limbs,ok - thirmalai v mohd masry b tukimin

wheelchair, ok - Wong li fatt v haidawai bte bolhhen & anor

General damages

can claim both header but only either 1 will be awarded -

Yang Salbiah v jamil bin harun

pain and suffering

to compensate physical pain and emotional suffering depends on period of P is conscious, type of injuries and length

Seah yit Chen v Singapore bus ltd

loss of amenities, awarded to compensate P for loss of enjoyment of life/special gift held in -

Lim kiat boon

no award when P dies instantaneously or shortly after accident - West v shephard

semi-conscious, ok - tangavelu v chia kok bin

personal injuries

refer compendium of personal injuries awards by bar council 2014 - Thirmalai v Mohamed masry bin tukimin

court will take account factors in making award base on -

1) overlap of injuries - seah yit chen

2) inflation - wong li fatt

3) cost of living of where p resides - abdul ghani bin hamid v abdul nasir bin abdul jabbar

4) other factors eg: age, sex, marital status, effect on employment

Loss of expectation of life

s.28A(2)(a) civil law act 1956 doesn't allow award for LOEL, but will s.28A(2)(b) said will increase award for pain and suffering and loss of amenities.