This document summarizes the types of claims that can arise from fatal accidents under Malaysian law. There are two main types of claims: estate claims by the victim's estate to recover out-of-pocket expenses, loss of earnings until death, and funeral expenses; and dependents' claims by those financially dependent on the victim to recover loss of support. Dependents can claim special damages like medical expenses, loss of pre-trial support, and funeral costs. They can also claim general damages for bereavement, loss of services or consortium, and loss of future financial support calculated based on the victim's expected income and working life. The law specifies who qualifies as dependents and sets limits on certain types of damages that

1. FATAL ACCIDENTS
In Fatal accidents cases two
consequences follows:-
ESTATE CLAIMS (s. 8 CLA)
Where the victim himself fatally
wounded and compensation can be
claim by the estate of the victim &
distributed according to Intestacy.
SPECIAL DAMAGES
1.Out Of Pocket
Expences:
l.Medical care,
transportation,
clothing damage to
vehicle and other
damage (eg. watch
jewel).
2.Loss Of Earnings
This can be claim from
the date of the accident till
death.
3.Funeral Expenses.
s. 8 (2) (c)
GENERAL DAMAGES
1.Pain and Suffering
If the Victim injurred and
was suffering from pain
and then he die, the
estate can claim this
damages.
Provided the victim must
conscious.
But if victim died without
regaining conscious
,cannot claim.
Low Yoke Ying v
Sim Kok Lee
2. i. Loss of Expectation
of Life
Previously was awarded
but after amendment s. 8
(2) (a) abolished it.
ii. Loss of Future
Earning for ‘Loss Years’
Before amendment can
claim but now cannot
claim. S. 8 (2) (a).
iii. Loss of Earning after
the person`s death also
not recoverable.
DEPENDANTS` CLAIM
As a result of the victim`s death, his dependants who
are deprieved of financial supports can claim
compensation.
Categories of Dependants.
(s. 7(2) )
1.Two types
Dependants:
i. Depend. in Law (adopt)
ii. Depend. in Facts
2. Categories of Person as
dependants:
i.Husband/Wife
ii.Child
(son g/son,daughter
g/daughter, stepson/step
daughter, legally adopted
child OK)
iii.Parents both sides
(father,mother, grand
father/mother.)
SPECIAL DAMAGES
1. s.7 (3)
Dependants can claim
any
Loss of support
suffers/any expences
incurred :
i. medical expences
ii.cost of travelling to
funeral service
iii.Placing Death
Announcement
2.Funeral Expences
(if incurred by
dependants)
3. Pre Trial Loss of
Support.
GENERAL DAMAGES
1.Bereavement (s.7(3B) )
This can be claim by
i. spouce of deceased
ii. parents of deceased
minor & unmarried
child.
s. 7 (3D) the court can award RM10,000.
2.Loss of Services/Consortium
(s. 7(3) (iii) )
Parent cannot claim for deprieved of the
Loss of service by the Child.
But the Court award Loss of Consortium to
the Parents.
Husband/Wife cannot claim for loss
of consortium with wife.
3.Loss of Financial Support
The dependants can claim for
Loss of earning.(future earn)
s. 7 (3) (iv) (a)
In assesing Loss of Earnings after the
death ct must consider:
i.if V has attained 55y cannot claim
ii.Whether deeased before the death
was in good health but for the injury and
was receiving earning by own labour or
gainful activity b4 death.
iii.multiplicand is the annual loss and
period of depency in the multiplier.
iv.Other factors considered:
expected working life of decd.
period of support required by
dependants
whether depend. will receive other
sources of income as a result of the
breadwinners death.
s. 7 (3) ( i )
Insurance payments, EPF,Pension and
Gratuity/Compensation paid under written
law in respect of the death are not
considered.
Illegal sources of Income must
be excluded.
Chua Kim Suan & Teoh Teik Nam v Govt
of Malaysia.
s. 7(3) (iv) (b)
Court must ignore propect of increase in
earning
Propect of Promotion
s. 7(3) (iv) (c)
Must deduct Living Expenses of deceased.
s. 7(3) (iv) (d) culculation are same.
(deceased age 30 & below = 16 years.