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CASES OF
Damages in cases of death
s.8
S. 7
Estate
Dependancy Claim
claim (harta pesaka)
(mumtalakaat)
SPECIAL
GENERAL SPECIAL
DAMAGES
DAMAGES LOSS OF DAMAGES
FINANCIAL GENERAL LOSS OF
FUNERAL
BEREAVEMENT SUPPORT FUNERAL DAMAGES EARNING
MEDICAL
S. 7 (3A & 3B) CITRSR
NURSING
ORS
Dependancy claim (s. 7)
Dependancy claim
S. 7 CLA
COMPENSATION TO FAMILY OF A
PERSON FOR LOSS OCCASSIONED BY
HIS DEATH
To provide dependants a prudent sum to
supply them with the financial support that
would have been provided for them if the
deceased had not been killed
ctd
7(1) Df liable as would have been if death
had not ensued
7(2) wife, husband, parents, child (not
siblings Chan Chin Ming) .. 7(11)
7(5) Limitation period 3 years
What are damages recoverable?
S. 7
Dependancy
claim
GENERAL SPECIAL
DAMAGES LOSS OF DAMAGES
FINANCIAL
BEREAVEMENT SUPPORT FUNERAL
S. 7 (3A & 3B) CITRSR
What are damages recoverable ?
1. General Damages
S. 7 (3A) & (3B) Bereavement
up to RM10,000 only for..
1. spouse of the deceased
2. parents, if the child was a minor and
never married
2. For Loss of Earnings of the
deceased
Dissenting judgment
Edgar Joseph SCJ :The court has no
discretion to reduce multiplier
Ibrahim Ismail (2004) CoA
Gopal Sri Ram CJ argues that judges are
not allowed to tamper with statute
multiplier has been fixed
At present what is the position of the
courts?
Marimuithu Velapan v Abdullah Ismail (2007) 1
CLJ 436
2 decisions binding on the judge
CoA (Ibrahim) and Supreme Court (Chan Chin
Ming)
Which one to follow?
Court must dutifully observe the repeated
reminders of the Fed Ct without showing any
disrespect for the CoA must follow the doctrine
of binding precedent - Followed Chan Chin Ming
Read (Article)
Civil Claims Involving Motor vehicle
Accidents: Whether Court of Appeal the
Apex Court? 6 MLJ 2008
S. 7
Dependancy
claim
GENERAL SPECIAL
DAMAGES LOSS OF DAMAGES
FINANCIAL
BEREAVEMENT SUPPORT FUNERAL
S. 7 (3A & 3B) CITRSR
Estate Claim (s. 8 CLA)
Estate Claim
S. 8 Effect of death on certain causes of
action
S. 8 gives the right to claim damages on
behalf of the estate of the deceased ie: the
loss suffered by the deceased before he
died
[ must read and understand s. 8 (1) on
survival of causes of action]
s. 8 Estate Claim
s.8
Estate
claim
SPECIAL
GENERAL
DAMAGES
DAMAGES
LOSS OF
- FUNERAL
-Pain & suffering EARNING
- MEDICAL
- loss of amenities
- NURSING
ORS
1. General Damages
Pain and suffering & Loss of amenities
Thangavelu
Goh Chai Huat
Father of the deceased was awarded RM6,000 for PS
and LOA, as the son was alive 1 hour . In that 1 hour he
was in agonising pain bleeding from nose and mouth
LOFE disallowed as it is not allowed under s. 8 and
besides that there was also no proof of earning (EPF
etc..)
2. Earnings
Only loss of earnings before death
s. 8 (2) (c)
3. Special Damages
Funeral (if it has not been claimed under s.
7)
Medical expenses
Nursing care
Others like property damage etc.
(as incurred before he died)
DAMAGES IN CASES ON
DAMAGE TO PROPERTY
2 CIRCUMSTANCES:
1. TOTAL DESTRUCTION
2. MERE DAMAGE
1. Total destruction
Can recover:
1. Measure of damages is the value the
property at the time of destruction
2. Consequential economic loss
Any loss as a consequence of the
destruction of property
loss of profit (if for business)
LIESBOSCH DREDGER
Court awarded
1. The market price for a new dredger
2. cost of transport of the new dredger
3. Compensation for the Pfs loss of
carrying out the contract with a thrid party
2. Mere Damage 2 choices
Pf can repair the Pf can sell the
damaged item damaged item
Damages ? Damages?
Mere Damage 2 choices
1. If Pf retains the damaged property and
intends to repair it