This document summarizes different types of damages that can be claimed in personal injury cases under Malaysian law. There are two main types of losses: special damages, which include quantifiable financial losses like loss of earnings and out-of-pocket medical expenses, and general damages, which cover non-financial losses like pain and suffering. It provides details on how loss of earnings, both past and future, are calculated. It also discusses other claims that fall under general damages, such as loss of amenities/capacity for enjoyment of life and loss of expectation of life.

1. MEASURE OF DAMAGE
Loss of Amenity/Capasity for
Enjoying Life
If P`s injury deprieved him of
some enjoyment of life
I.e if he was a sportman and he
could not perform it due to injury
He is entitle to claim for loss of
amenities .
Whether P aware or
unaware(unconscious due to
injury) still entitles
Wise v Kaye
(2) Now , Loss of Amenities
will be awarded under Pain &
Suffering.
Thangavelu v Chia Kok Bin
TYPES OF DAMAGES
PERSONAL INJURY
There are two types of losses in
Personal Injury. There are:
SPECIAL DAMAGES
Loss of Earning
It is loss of earning till the time
of the trial.
eg.
A was earning p/month
$1000 .In 1.1.1990 involve in
accident and in 1.1.1996 the
trial starts.
So his loss of earning is:
$1000 x 12 = $12 000
1990 to 96 = x 5
$60,000
Loss of Future Earning
If A cannot earn the rest of his life due to the
injury, then he can claim for loss of future
earning.
Former Law
(i) court calculate multiplicand:
$1000 x 12 = $12000
(ii)court calculate the multiplier:
i.e. the number of years of working
life that would have been left to P
but for the injury.Usually court will
estimate 55 years.
Tan Lian Heng v Kilang Papan
Aman Sdn.Bhd.
(a) s. 28 A (2) (d) (i)
If P at the time of injury is 30 yr and below
then the Multiplier is 16 years.
(b) s. 28 A (2) (d) ( ii )
If P at the time of injury is between 31 –
54 yrs
Formula:
55 – (age at time of accident ) = Mpl
2
Harcharan Singh v Hassan Ariffin
s. 28 A (2) (c) (ii) & (iii)
(ii)The court shall not take into account any
prospect of earnings as aforesaid being
increase in future
(iii) court shall also take into account such sum
as is provided or admitted to be living
expences of P at the time of injury.
(the court must deduct the living
expences.)
eg. if A earns $3000/ monthly
and his living expences is
$1000/- then $3000-$1000
Multiplicand is $2000/-.
Chan Sau Chan vChoi Kong Chaw & Yap
Yun Chan
Chang Chong Foo v Shivanathan
Present Law
Civil Law Act 1956 (amend.)
(l/10/84)
s. 28 A (2) (c)
If P at the tine of the accident
had attained 55yrs and above
he shall not be awarded claim of
loss of future earning.
s.28 A (l)
Court shall not take into account in
assessing damages recoverable inn
respect of personal injury which does
not amount to death.
(a) any sum payable/may be paid by
contract of insurance
(b) any pension/gratuity payable as
a result of the injury
(c) sum payable under written law
relating to compensation
whatsoever
Ward v Malaysian Airline System
s. 28 A (2) ( c ) (i)
In calculating the Multiplicand, two
condition must be proved or
admitted by the parties:
(i) that P was in good health but for
the injury
(ii) that pa was receiving earnings
by his own labours or other gainful
activity before the injury
Tan Kim Chuan & Anor v Chandu
Nair
Multiplicand
Multiplier
Loss of Earning Capacity
The risk that P might lose his
job or get a less paid
employment due to effect of the
injuries sustained.
Moeliker v A. Reyrolle & Co.
(l) In Dirkje,s Case
the court awarded loss of
earning capasity (unpaid leave
still can claim).
(2) However in Tan Kim Chuan
& Anor v Chandu Nair the
Supreme ct held that in order to
claim loss of future earning or
loss of earning capasity P must
receiving earnings from his own
labour or gainful activity.(12 yrs)
(3) Infact, Loss of Future
Earning and Loss of Earning
Capasity are basically the
same.
Pain and Suffering
The Plaintiff is entitled to be
compensated for the pain and
suffering he hasexperienced
up to the date of trial.
(1) However no award of pain
suffering if the P is rendered
permanently unconscious by
the injury .
Thangavelu v Chia Kok Bin
(2)In awarding damages for
pain and suffering, the court
shall take into account the
mental suffering of P that his
expectation of life has been
reduced due to the injuries.
Marappan & Anor v Siti
Rahmah
Therefor now under s. 28A (l)
and s. 28 A (2) (b) claim for
damages for Loss of
Expectation of Life will be
included under Pain &
Sufferings and not as a
separate claims.
GENERAL DAMAGES
Out of Pocket Expences
Includes, medical , hospital nursing bill &
loss future nursing care & clothing during
accident.
Ahmad Damanhuri v Khoo Chin Yau
Special Damages
(i)tort of not actionable per se,P must
strictly proof
(ii)damages where P can precisely
estimate in advance
(iii) must be specifically pleaded.
General Damages
(i) tort of actionable per se, where P no
need to prove the court will presume
from facts
(ii) Damage where P cannot make
calculation.
Loss of Prospective Earning
Loss of Future Earning for the
‘Lost Year’
As a result of the injury, it has
reduced P`s expectation of life,the
effect is that P suffers loss of
earning at the period in which he
would have worked if not becox of
the accident.
Picket v British Railways
Engineering