The days of inconsistent awards handed down for injuries sustained in accidents are over.
Since January 2011, a compendium of personal injury award has been in place in the magistrate's and sessions courts to serve as a guide line. Below are the range of awards for selected personal injury claims:
Injury Low (RM) High (RM)
1. Phalange (finger) 3,000 12,000
2. Phalange (toe) 3,000 6,000
3. Skin Grafting 10,000 25,000
4. Memory Impairment 20,000 45,000
5. Loss of Eye 80,000 85,000
6. Ear Ripped off 5,000 15,000
7. Loss of One Testicle 15,000 25,000
8. Loss of Both Testicles 60,000 80,000
9. Loss of An Ovary 15,000 40,000
10. Loss of Both Ovaries 60,000 80,000
With the uniformity in awards for similar injury claims, it is easier for lawyers to advise clients with majority of cases settled on the date of the hearing instead of wasting time arguing over the quantum.
Nonetheless, the Judges and Lawyers are at a liberty to depart from the compendium if case law or factual circumstances so dictate. For example, Lawyers may need to argue case law before the judge in seeking higher quantum of awards for major disability, amongst others to include loss of furture earnings, pain and suffering, nursing care and prosthetic limbs etc.
In such a case, the court will take into consideration the claimant's age, gender, and marital status and whether the injuries would affect the prospect of marriage.
Other factors that have a say in the quantum of the awards are the impact on the claimant's employment, ability to perform household chores, facial and body asymmetry, ability to have children and whether the claimant is a sportsperson etc
The compendium is intended to be a quick reference document for judges and lawyers and can be accessed at
http://www.malaysian-bar.org.my/task_force_to_review_the_compendium_of_personal_in/
Source: The Star 13th May 2011
