An analysis on compensation of claims regarding to personal Injury and loss of earning on several court cases

Abstract

Road accident is a major contributor in personal injury cases. The plaintiff or accident victims are entitled to compensation from injuries. This study aims to analyse the amount of damages received compared to the amount of damages in personal injury guideline from Completion of the Review of the Compendium of Personal Injury Award. A comparison between the system multiplier set forth in Section 28A of the Civil Law Act (Amendment) Act 1984 will be carried out with Odgen Table from United Kingdom customised with the Expected Life Tables of Malaysians. A total of 30 court cases from 1989 to 2013 are analysed in this study which includes all accidents on the road. The results showed that there were two cases of injury beyond the maximum range of the guidelines which are scars and eye injuries. Therefore, it is suggested that we should look at multiplier which is fairer in dealing with loss of earnings.

Keywords: quantum; loss of earnings; multiplier.