Mahkamah lulus penyelesaian selepas langkah lindungi mangsa cedera otak dipenuhi

Melaka's High Court upheld the settlement after Sharifah Nizamuddin, Sultan Nur Mohamad's wife and a representative of the road accident victim, submitted a petition. The High Court approved the settlement on Tuesday after Sharifah Nizamuddin, the wife and legal representative of the road accident victim, made a request. The Attorney General's Chambers recorded the consent judgment on Friday, following Sharifah Nizamuddin's request, and the cost-sharing arrangement of RM1.7 million, in addition to RM170,000 for expenses.

This amount was not disclosed in the additional judgment ruling to safeguard the Sultan's interests. The hearing for the approval of the settlement, initially set for tomorrow, was accelerated after both parties submitted complete documents on Monday and confirmed that they did not require additional time. Raja Segaran, before approving the settlement based on both parties' consent, required a court ruling under Rule 76 Clause 10 of the Rules of Procedure 2012 because the court ruling involved an individual who could not protect their interests independently.

In his additional memorandum, he stated that new evidence enabled the court to determine the compensation amount for the Sultan's claim and why the settlement was fair. According to him, this compromise involved a reduction of 14.07% of the estimated loss and interest based on the final payment date of October 15, or 7.38% of the Sultan's total rights, including costs.

He also considered that the guardian had a real chance of succeeding in at least 23 of the 23 appeals challenging the liability and compensation amount. If the Sultan was found partially liable for the accident, the reduction in compensation could be greater than the discount agreed upon through this settlement. Raja Segaran also considered the benefits of allowing the relevant funds to be allocated to the Sultan's family over several weeks rather than delays, uncertainty, and costs if litigation continued.

The Sultan's family has been paying for his guardianship since March 2024. The Court of Session Melaka on June 30 decided that the passengers Nafie Iman Hanafi Zainuddin and the registered owner Shar Kawi Hazim Shafie were liable for the accident and subsequently filed an appeal. The court approved the settlement on the condition that the funds for the Sultan would be held by his lawyer to cover medical treatment, care, and daily needs.

Any funds not needed within 12 months must be placed in a savings account, with interest credited to the Sultan's account. The court also approved separate payments to Sharifah for personal injury claims, previous care costs, and expenses she incurred. The court also examined and approved the portion of the costs of the guardian's allowance and expenses.

However, Raja Segaran rejected the proposal to allow excess expenditure for the guardian's needs beyond the annual limit to be approved by the court, stating that the Sultan's needs for medication, psychiatric treatment, therapy, and nursing care may exceed that amount in certain years. According to him, requiring a new application to the court would only add costs and delay the expenses that have become the purpose of the relevant fund.

However, the fund remains under court control, and the account statement can be requested at any time. The payment must be made by October 15, and the appeal will be withdrawn, while the Court of Session hearing will remain as a guarantee until the payment is made, subject to approval if there is a failure to pay. Raja Segaran also praised lawyers Surendran Chelvarajah who represented the Sultan and Sharifah and Leandra Abigail De Costa who represented Nafie Iman and Shar Kawi for their diligent and professional conduct in adhering to the court's instructions within three days, making the settlement final and the consent judgment recorded without further delay.