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  Extent of disability a key factor for compensation
13/05/2011
 
 
 

KUALA LUMPUR: The primary factor in determining the quantum of damages in accident cases is the extent of the disability from an injury.

According to the Compendium of Personal Injury Claims, which provides a guideline for such awards since January, “fractured fingers may appear to be a minor injury but a resultant stiff or bent finger can be extremely troublesome, especially on the dominant hand”.

So, while an injury to a toe may draw an award of between RM3,000 and RM6,000, an award for an injured finger lies between RM3,000 and RM12,000.

Other important factors are the claimant's age, gender and marital status, and whether the injuries would affect the prospect of marriage.

Depending on the injury, the impact on the claimant's employment, ability to perform household chores, facial and body asymmetry, ability to have children and whether the claimant is a sportsperson are among other factors that have a say in the quantum of the award.

The compendium is intended to be a quick reference document for judges and lawyers and can be accessed at

http://www.malaysianbar.org.my/task_force_to_review_the_compendium_of_personal_in / completion_of_the_review_of_the_compendium_of_personal_injury_awards.

 

According to a Bar Council circular, the compendium was not meant to stifle the rights of the parties to submit below or above the stipulated quantum or fetter the courts' discretion.
 
"As such, judges and lawyers are at liberty to depart from the compendium if case law or factual circumstances so dictate."
 
 
 
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