Difficulties Suffered for Accident Victims
(2000) XXVIX No 3
INSAF
35
DIFFICULTIES SUFFERED BY ACCIDENT VICTIMS
ETICAN RAMASAMY*
This article highlights the sufferings of victims of motor vehicle accidents due to the amendments to Civil Law Act 1956 by Amendment Act A602 in the year 1984.
INTRODUCTION
1. It has been often said that about 50 to 60 per cent of the litigation work handled by lawyers somehow arises due to road accident claims commonly called running down cases. The main claims would be either loss of dependancy or injury claims or both. Prior to the introduction of major amendments by the Amendment Act No: A 602 amending Section 7 and also introducing the new Section 28A of the Civil Law Act 1956 (the CLA) the law for loss of dependancy and injury claims was largely governed by common law based on English law and case precedents. The amendments to CLA made by the Amendment Act No: 602 came into force on 1st October 1984. Sixteen years have passed and numerous judicial decisions have been made on the interpretation of these sections by Judges of High Court, Supreme Court and now Court of Appeal and Federal Court. 2. The question one often asks or is often confronted with is that, are these laws and their interpretations and applications fair to all concerned, in particular to the dependants whose bread winner has been killed or the accident victim who has been seriously injured or maimed? 3. In claims of this nature two elements need to be looked into. The first is the question of negligence and the other is damages which encompass bereavement, loss of dependancy, damages for pain and suffering loss of past and future earnings and other special damages. I shall not deal with the question of negligence in this article as it is still completely covered by common law principles and in my humble opinion the state of the law in our country as in many other common law jurisdictions seems to be satisfactory. Negligence in each case
* Advocate & Solicitor, High Court of Malaya
The
INSAF
35
DIFFICULTIES SUFFERED BY ACCIDENT VICTIMS
ETICAN RAMASAMY*
This article highlights the sufferings of victims of motor vehicle accidents due to the amendments to Civil Law Act 1956 by Amendment Act A602 in the year 1984.
INTRODUCTION
1. It has been often said that about 50 to 60 per cent of the litigation work handled by lawyers somehow arises due to road accident claims commonly called running down cases. The main claims would be either loss of dependancy or injury claims or both. Prior to the introduction of major amendments by the Amendment Act No: A 602 amending Section 7 and also introducing the new Section 28A of the Civil Law Act 1956 (the CLA) the law for loss of dependancy and injury claims was largely governed by common law based on English law and case precedents. The amendments to CLA made by the Amendment Act No: 602 came into force on 1st October 1984. Sixteen years have passed and numerous judicial decisions have been made on the interpretation of these sections by Judges of High Court, Supreme Court and now Court of Appeal and Federal Court. 2. The question one often asks or is often confronted with is that, are these laws and their interpretations and applications fair to all concerned, in particular to the dependants whose bread winner has been killed or the accident victim who has been seriously injured or maimed? 3. In claims of this nature two elements need to be looked into. The first is the question of negligence and the other is damages which encompass bereavement, loss of dependancy, damages for pain and suffering loss of past and future earnings and other special damages. I shall not deal with the question of negligence in this article as it is still completely covered by common law principles and in my humble opinion the state of the law in our country as in many other common law jurisdictions seems to be satisfactory. Negligence in each case
* Advocate & Solicitor, High Court of Malaya
The