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Wednesday, July 31, 2024

Woman whose arm was crushed by lorry gets RM7.1mil in damages

 

Gavel
Judge Zarifah Zainal Abidin awarded M Saranya RM6.9 million for the purchase, periodic replacement and maintenance of an electronic orthotic arm plus RM215,000 for pain and suffering. (Pexel pic)

KLANG
A woman was awarded RM7.1 million in damages by the sessions court today in a lawsuit filed against a motorcyclist’s insurer for injuries suffered when she was run over by a lorry 10 years ago.

Judge Zarifah Zainal Abidin awarded M Saranya RM6.9 million for the purchase, periodic replacement and maintenance of an electronic orthotic arm, plus RM215,000 for pain and suffering, having proven her case on the balance of probabilities.

Saranya’s 

brachial plexus injury
 led to her almost unable to use her left arm and since the accident, she had become dependent on her mother, R Naga Chittra, for most of her daily needs.

Saranya is unable to do simple chores requiring the use of both hands. Her lawyers said she could not lead a normal life, adding that she was traumatised after the crash to the point that she was afraid to travel in a car.

The prosthetic device, a MyoPro 2, could help Saranya lead an almost normal and independent life, her lawyers said.

On Aug 5, 2014, Saranya, then 12 years old, was riding a motorcycle with her father, N Mahendran, after he picked her up from school.

Another motorcycle crashed into them from the rear at Persiaran Hamzah Alang, in Kapar, Klang, killing the rider, Shazrin Hassan.

The impact threw Mahendran and Saranya onto the road and into the path of an oncoming lorry, which ran over both of them.

Mahendran was killed, while Saranya’s arm was crushed. She also suffered head injuries.

Saranya, through her mother, sued the lorry driver and the estate of Shazrin in 2018. The insurer of the lorry driver had earlier paid an undisclosed sum to Saranya in a consent judgment.

Lawyers GK Ganesan and RS Kameswary represented Saranya, while Vinod Kamalanathan acted for Shazrin’s insurance company. - FMT

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