ABC & CO.PEGUAMBELA DAN PEGUAMCARA NO. xx, BISHOP STREET,ADVOCATES & SOLICITORS 10200 PENANG,

MALAYSIAWhen replying please

quote our reference: KK/UNI. 15/2014Your ref: PGM 010 3132115/BI Date: 15.10.2014

CASE MANAGEMENT: 27.7.2015Attention: xxxxxx

Dear Madam,

Re : Georgetown Session’s Court, Writ Summons No. xxxxxxx

We refer to the above matter that is now fixed for Case Management on 27.07.2015

We append our considered views on liability and quantum based on the following documents (copies of which are enclosed herewith for your easy reference):

Police report No. Trafik Timur Laut/026050/13 dan Trafik Timur Laut/004994/14

Hospital Pulau Pinang receipts.

Medical Report from Hospital Pulau Pinang dated 24.3.2014

Hospital Pulau Pinang’s Orthopaedic and traumatology department’s follow-up card.

Medical Certificate from Hospital Pulau Pinang.

Receipt for the purchase of a crutch from Reliance Healthcare Sdn Bhd.

Receipt from Farmasi Bagan (Farlim) Sdn Bhd dated 18.12.2013

Official receipts of Klinik K.G.Mah

Receipt from Peace Polyclinic dated 30.1.2014

Payment voucher from Roda Gemilang Auto.

Taxi service receipt

Cash bill from Taiping Motor.

Statement taken from your Insured dated 8.9.2014.

FACTS

Your insured driver, xxxxxx lodged a report on 28.07.2013 (on the same day as the said

accident) states as follows:-

“Pada jam lebih kurang 2.00 petang tarikh 28/07/2013, semasa saya memandu motokar No xxxxx jenis Naza Citra dari Jalan Perak hendak ke tempat makan di Lorong Perak. Apabila sampai di lorong perak, depan kedai aircond, tiba-tiba seorang pejalan kaki telah keluar dari sebelah kanan dan melanggar motokar saya. Motokar saya mengalami hanya mengalami sedikit kerosakkan berlancar di bahagian tepi sebelah kanan. Lain-lain kerosakkan dan kerugian belum pasti lagi. Sekian laporan saya.”

The Plaintiff xxxxxx lodged a report on 13.9.2013 (1 month and 15 days after the said

accident) states as follows:-

“Pada jam lebih kurang 1.50 petang tarikh 28/07/2013 semasa saya sedang berjalan kaki di tepi jalan di Sri Wangsa 2, Jalan Penawai 1, tiba-tiba sebuah kereta No. xxxxx jenis Naza Citra dari sebelah kiri saya telah melanggar saya. Saya jatuh dan mendapat cedera di kaki kiri dan luka-luka. Saya dapatkan, rawatan di Hospital Lam Wah Ee dan sehingga sekarang masih menerima rawatan. Sekian repot saya.”

LIABILITY

Based on the police report lodged by both parties, it is evident that the accident took place

along Park lane road on 28.07.2013.

Your Insured in her police report stated that upon reaching an aircond shop in Perak Lane,

all of a sudden a pedestrian came from her right and collided with the motorcar.

Meanwhile, the Plaintiff in her police report stated that she was walking by the roadside in

xxxxxxx when your Insured’s car, from the left side collided with her.

In her statement given to us dated 30.6.2015, your Insured informed us that she has been

compounded by the police and that she had paid the compound.

It would seem that the accident would not have occurred had your Insured slowed down her

motorcar taking into consideration the pedestrians especially the Plaintiff who had been a

road user at the time of the incident. Had she done so, the collision with the Plaintiff could

have been avoided.

Hence, we suggest that this case be settled amicably with 100% liability against your

Insured.

GENERAL DAMAGES

QUANTUM

According to the Medical Report from Hospital Lam Wah Ee dated 25.6.2014, the

Plaintiff, HO MEI LEE, sustained the following injuries:

Abrasion wound on the left shin

Small compound fracture and a small puncture wound on left calf medial aspect (0.2 cm)

Fracture of lower third, distal end of the left tibia and fibula.

(The Plaintiff was admitted on 28.07.2013 and discharged on 7.08.2013)

************

Based on the abovementioned medical report, we opine that the injuries sustained by the

Plaintiff based on 100% liability to be in the region of RM 55,000-00 and the breakdown is

as follows:-

NO. INJURY AMOUNT

1 Abrasion wound on the left

shin

RM 1,000

2 Small compound fracture

and a small puncture

wound on left calf medial

aspect (0.2 cm)

3 Fracture of lower third,

distal end of the left tibia

and fibula.

TOTAL

The above, has taken into consideration the question of changes in the value of money which has been often termed as the decrease in the purchasing power of dollar. Therefore, where an old comparable case is considered, there should be an adjustment for the change in the value of money which should be reflected in the award.

AUTHORITIES

Kindly refer to the following authorities in assessing the general damages for pain and suffering endured by the Plaintiff:-

Abrasion wound on the left shin

ABDUL RAHIM BIN AHMAD v SARASVATHI A/P SANTHAN & ANOR [2014] 2 PIR [79], sc

Injury : Abrasion wound on right shin and forehead Award: RM 2, 000.00

We suggest a sum in region of RM 1,000-00 for the abrasion wound on the left shin.

Small compound fracture and a small puncture wound on left calf medial aspect (0.2 cm)

AZMI B AHMAD & ANOR & v MAZLAN B YAAKOB [2012] 2 PIR [66], sc

Injury: Fracture of the right femur Award: RM 30, 000.00

We suggest a sum in region of RM 25-000-00 for the open fracture of the right femur.

Fracture of lower third, distal end of the left tibia and fibula.

RONALD NEO HAI HAN & 2 ORS v WONG SHYANG GIAN [2013] 2 PIR [31],sc

Injury: Laceration wounds over the right ankle and foot.Award: RM 3,000-00

We suggest a sum in region of RM 4,000-00 for the laceration wound on the right ankle measuring 8cm x 3cm.

Hence, on a 100% liability basis against your Insured, the claim for General Damages

would be in the region of RM 55,000.00.

SPECIAL DAMAGES

The Plaintiff is also claiming for the following under special damages:-

NO PARTICULARS AS PLEADED

AMOUNT PLEADED

AMOUNT RECOMM-

ENDED

f) Cost incurred for the Plaintiff’s family to visit her when she was admitted at Hospital Lam Wah Ee.

Based on the Police Report it appears that the Plaintiff lives in Terusan Road, Georgetown, Penang which is about 4 km from the Hospital and the Medical Report from Hospital Lam Wah Ee dated 25.6.2014 confirms that the Plaintiff was hospitalised for 11 days.

Hence, we suggest you allow a sum of RM10 per trip for 11 days.

RM100.00RM 110

d) Medical expenses incurred in Hospital Lam Wah Ee.The Plaintiff provided 30 receipts from Hospital Lam

Wah Ee which are as follows:

1) Receipt no. 0006117499: RM 79.002) Receipt no. 0006117257: RM 28.003) Receipt no. 0006146489: RM 28.004) Receipt no. 0006146703: RM 436.005) Receipt no. 0006227447: RM 183.806) Receipt no. 0006246394: RM 128.007) Receipt no. 0006263836: RM 72.908) Receipt no. 0006263701: RM 28.009) Receipt no. 0006300289: RM 126.1010) Receipt no. 0006339153: RM 139.2011) Receipt no. 0006338692: RM 48.0012) Receipt no. 0006339113: RM 40.0013) Receipt no. 0006384785: RM 160.80

14) Receipt no. 0006440280: RM 137.2015) Receipt no. 0006439983: RM 28.0016) Receipt no. 0006061425: RM 40.0017) Receipt no. 0006096634: RM 11.0018) Receipt no. 0006383356: RM 30.0019) Receipt no. 0006200945: RM 40.0020) Receipt no. 0006217201: RM 28.0021) Receipt no. 0006231328: RM 40.0022) Receipt no. 0006238007: RM 40.0023) Receipt no. 0006190486: RM 40.0024) Receipt no. 0006194071: RM 40.0025) Receipt no. 0006197347: RM 40.0026) Receipt no. 0006200945: RM 40.0027) Receipt no. 0006217201: RM 28.00

28) Receipt no. 0006184502: RM 152.50

3030

The total amount is

29) Receipt no. 0006185130: RM 40.0030) Receipt no. 0006184277: RM 28.00

e) Damage to the Plaintiff’s clothes.

The court usually allows a reasonable sum for this claim. We suggest you allow RM100.00.

RM200.00

RM100.00

g) Expenses incurred for transportation after being discharged from the

RM100.00

RESIST

Hospital.We suggest you resist this claim pending the production of evidence to substantiate this claim.

c) Cost of Medical Report from Hospital Lam Wah Ee dated 25.06.2014

We suggest you allow RM 120 as there is a receipt dated 2.7.2014 to that effect

RM 120 RM 120

h) Cost of crutches

We suggest you resist this claim as there is no supporting receipt.

RM100.00 RESIST

k) Transportation expenses incurred during follow-ups at RM50.00 per trip for 9 trips.

The follow-up card provided only shows one date, 23.12.2013.

However, the receipts received from Hospital Pulau Pinang shows that

RM450.00

RM240.00

the Plaintiff was at the hospital on the following dates:

a) 30.12.2013b) 17.12.2013c) 23.12.2013 (as per the card)d) 19.12.2013e) 27.1.2014f) 29.1.2014g) 4.2.2014h) 18.2.2014

Hence, we suggest you allow RM30.00 per trip for 8 days.

l) Purchase of a walking stick from Farmasi Bagan (Farlim) Sdn Bhd.

We suggest you allow this claim since a cash bill dated 18.12.2013 was produced.

RM85.00

RM85.00

m) Purchase of Axcel Cef (RM25.00) & Pamol 650mg (RM2.00) from Cosway pharmacy.

Axcel Cefuroxime is an antibiotic.Pamol is a brand name for paracetamol, also known as acetaminophen

RM27.00

RESIST

Paracetamol. 

We suggest you resist this claim since the Plaintiff has been going to the Penang General Hospital and Klinik KG Mah where common medication such as the above is usually provided. Hence, we suggest you resist this claim pending further evidence.

n) Motorcycle repair bill from Taiping Motor.

Two cash bills from Taiping Motor was provided which is as follows:a) No. 9299: RM 976.00b) No. 9300: RM 1780.00

The total amount is RM2,756.00. Hence, we suggest you allow 70% of the sum claimed.

RM2,280.00

RM 1,930.00

o) Medical expenses incurred in Hospital Pulau Pinang.

The Plaintiff provided two

RM1,722.00

receipts from Hospital Pulau Pinang which are as follows:

a) No. Bil:1044628B: RM 741.00b) No. Resit 1253944: RM 50.00c) No. Resit 276143: RM 60.00d) No. Resit 277164: RM 80.00e) No. Resit 199734: RM 15.00f) No. Resit 276132: RM 50.00g) No. Resit 140152: RM 15.00h) No. Resit 276129: RM 60.00i) No. Resit 276224: RM 60.00j) No. Resit 281203: RM 60.00k) No. Resit 281205: RM 60.00l) No. Resit 279385: RM 60.00

The total amount is RM 1,311.00 and as such we suggest you allow this amount pending the production of further receipts.

RM1,311.00

p) Medical expenses incurred in Klinik K.G.Mah.

RM939.00

The following receipts were produced:

a) 25.12.2013: RM58.00b) 28.12.2013: RM45.00c) 31.12.2013: RM30.00d) 31.12.2013: RM 30.00e) 2.1.2014: RM 68.00f) 4.1.2014: RM 95.00g) 8.1.2014: RM70.00h) 13.1.2014: RM 88.00i) 6.1.2014: RM 85.00j) 15.1.2014: RM30.00k) 10.1.2014: RM46.00l) 17.1.2014: RM52.00m) 20.1.2014: RM 92.00n) 22.2.2014: RM 80.00o) 24.1.2014: RM 70.00

The total amount is RM939.00 as claimed however we suggest you allow RM 313.00 (1/3 of the sum claimed)

RM313.00

q) Loss of earnings as a factory worker at RM1,400.00 per month for 6 months and counting.

Based on the Payment Voucher from Roda Gemilang Auto, the Plaintiff earns a basic pay of RM900.00 per month, RM100.00 as a meal allowance and is paid an average of RM 360.00 per month for overtime.

Please take note that it would seem that the employer is an Auto Shop and not a factory as pleaded.

Meanwhile, the Medical Certificate provided shows that the Plaintiff has been on leave on the following dates:

a) 8.12.2013 to 23.12.2013b) 28.1.2014 to 18.2.2014c) 19.2.2014 to 18.3.2014

Hence, the Plaintiff has been on medical

RM8,400.00

RM 4,410.00

leave for approximately 3 months and 10 days.

Accordingly, we suggest you allow the basic pay and the average overtime per month (RM1260.00) for 3.5 months.

This is subject to confirmation that the Plaintiff was indeed an employee and was not paid during his medical leave period.

r) Cost for future medical surgeries

Resist pending production of evidence that the Plaintiff will require future medical surgeries.

-

RESIST

TOTAL RM 8, 829.00

SUMMARY OF QUANTUM (BASED ON 100% LIABILITY)

General Damages RM 55,000.00

Special Damages RM 8, 829.00

Total on 100% basis RM 63,829.00

RECOMMENDATION

We suggest that you initiate a settlement at RM 50, 000.00 plus 10% cost and upon

rejection up to RM 57,000.00 plus 10% cost for pain and suffering. However if it is

confirmed that there is in fact loss of earnings of RM4,410.00, we suggest that you make

an offer till RM 62,000.00 plus 10% cost.

We would also reserve our rights to re-advise should there be any new documents filed in

Court by the Plaintiff’s solicitors and served to us in light of new evidence and facts made

available. Please note that this matter is now fixed for Case Management on 3.11.2014

and we will be obliged to receive your instructions and/or mandate at the nearest convenient

time possible.

Thank you.

Yours faithfully,

…………………………..XXXX & CO

Encls/-

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