An ex-salesman was awarded a huge sum of money by the Alor Setar High Court after it ruled in his favour regarding a freak accident which left him permanently paralysed.
According to FMT, Yong Shui Tian was struck from behind by a falling coconut tree on Jan 9, 2019, at Pantai Chenang, Langkawi.
This led to him suffering a fracture-dislocation and completely severed spinal cord that left him permanently paraplegic and wheelchair-bound.
Awarded RM2.21mil
Following an assessment of damages by the High Court, Yong was awarded RM2,213,208, which included RM389,000 in general damages, RM133,744.78 in special damages, RM1,640,463.36 for future losses and expenses, and RM50,000 in aggravated damages.
In his concluding remarks, Justice Johan Lee noted that no amount of money could fully restore Yong’s health or allow him to have the life he had before the accident.
Nevertheless, the damages represent fair, lawful and just compensation to which he is entitled so that he can live out his remaining years with dignity.”
The court also ordered interest of 5% per annum on the general damages from the date the writ was served until judgment, while special damages will carry interest at 2.5% per annum from the date of the accident until judgment.
Earlier court rulings
Last week, the Federal Court refused the the Langkawi Municipal Council’s (MPLBP) application for leave to appeal and upheld the Court of Appeal’s decision.
Earlier, the Court of Appeal ruled that the Local Government Act 1976 imposed statutory responsibilities on local authorities to plant, trim and remove trees where appropriate.
It also ruled that the law empowered local authorities to remove trees on private land that had fallen onto public roads and recover the costs from the owner or occupier.
The Court of Appeal also found MPLBP fully liable for the coconut tree incident.
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