Mahkamah lulus penyelesaian selepas langkah lindungi mangsa cedera otak dipenuhi

Malaysia's High Court has approved compensation for a serious head injury victim in a road accident case, following a request from Sharifah Nizamuddin, the sister and legal representative of the accident victim, Sultan Nur Mohamad. The High Court in Melaka recorded the consent judgment on Tuesday after taking into account the evidence presented and the protective measures taken to safeguard the victim's interests.

The Attorney General's Chambers proposed a compensation of RM1.7 million, in addition to RM170,000 for legal fees. This amount was not disclosed in the additional judgment published for the Sultan's benefit and privacy. The hearing for the approval of the settlement, initially set for tomorrow, was brought forward after both parties filed full documents on Monday, confirming they did not need extra time.

Raja Segaran initially refused to record the settlement based solely on the mutual agreement's consent, as court approval under Rule 76 of the 2012 Rules of Court was required due to the involvement of an individual unable to protect their interests independently. In the additional grounds, he stated that new evidence allowed the court to determine the amount of the Sultan's claim and why the settlement was fair.

According to him, this compromise involves reducing the estimated 14.07% of the damages and interest payable based on the final payment date of October 15, or 7.38% of the total Sultan's right, including costs. He also considered that the guardian had a real chance of succeeding in at least 23 of the appeals challenging the liability and damages awarded.

If the Sultan was found partially responsible for the accident, the reduction in damages might be greater than the agreed upon concession through the settlement. Raja Segaran also considered the benefits of allowing the relevant funds to be disbursed to the Sultan's family over several weeks rather than delays, uncertainty, and costs if litigation continued.

The Sultan's family has been bearing the cost of his nursing since March 2024. The court approved the settlement under the rule, holding the guardian accountable for funding the medical treatment, care, and daily needs of the Sultan. Any unused funds in the 12-month period must be placed in a fixed deposit account, with the interest credited to the Sultan's funds.

The court also approved separate payments to Sharifah for her personal injury claim, past care costs, and related expenses. The court also reviewed and approved the portion of the costs covering the guardian's and Sharifah's living expenses. However, Raja Segaran rejected the proposal to allow expenses for nursing care exceeding annual limits to require a court approval, stating that the Sultan's medical, psychiatric treatment, therapy, and nursing may exceed that amount in certain years.

He noted that requiring a fresh application to the court would only add costs and cause delays to the expenses already deemed necessary for the relevant fund. However, the fund remains under court control, and the account statement can be requested at any time. The payment needs to be made by October 15, and the High Court appeal will be withdrawn, while the High Court's judgment will remain as a guarantee until the payment is made, subject to the condition that failure to pay would invalidate it.

Raja Segaran also praised lawyers Surendran Chelvarajah, who represented both the Sultan and Sharifah, and Leandra Abigail De Costa, who represented Nafie Iman and Shar Kawi, for their diligent and professional adherence to the court's instructions during the three-day period, allowing the settlement to be approved and the consent judgment recorded without further delays.