PUTRAJAYA: The Court of Appeal today awarded RM5 million in damages to a 23 year-old man who now requires life-long nursing care as a result of a road accident seven years ago.
A three member bench chaired by Nor Bee Ariffin, in allowing the final appeal by (Mohamad) Fakree Fakis Mohd Sakriman , said the quantum was inclusive of 5% interest from the date of the Sessions Court ruling in 2017.
The quantum is inclusive of special damages for pre and post trial nursing care for 38 years throughout his estimated life expectancy, future cost of medical equipment and treatment.
The court also awarded another RM160,000 in costs to Fakree who was represented by G K Ganesan and R Kameswary.
Nor Bee, in the ruling delivered online, said the car driver and respondent, Tan Son Silong was 100% responsible for the mishap. The other respondents named in the suit were Keng Yam Chiew and MPI General Insurance Bhd.
She said the driver admitted to the accident in his first police report and in his defence but elected to change his version later as Fakree was unable to give evidence as he was bedridden and paralysed due to severe head injuries .
The bench consisting of Mariana Yahya and Lee Heng Cheong, also ruled that no weight should be attached to the insurance adjuster’s report for alleging the accident did not take place.
The accident happened near a car accessory shop at Jalan Tengku Ahmad Panglima in Kota Bharu, Kelantan, at about 3pm on March 28, 2015.
Fakree, then a student, was riding a motorcycle when the collision took place. He sustained severe head injuries, suffered from permanent residual disabilities that needed life-long nursing care.
He had sued Tan, Keng and MPI for negligence in 2017. The case was dismissed by the Sessions Court, and affirmed by the High Court the following year. - FMT
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