RM131,300 damages award :Sunway Lagoon
~fairplay~
By Sujatani Poosparajah
(<ps...@nstp.com.my>)
KUALA LUMPUR, Wed. _ The High Court today awarded a system
analyst damages totalling RM131,300 over the death of his
wife during a Run-Away Train ride at Sunway Lagoon theme
park in 1997.
Bank Simpanan Nasional senior system analyst Jub'li Mohamed
Taib Taral, 35, and his two children had sued Sunway Lagoon
Sdn Bhd for negligence which led to the death of his wife,
Siti Arfah Sheikh Md Dom, 29, then a BSN senior clerk.
Siti Arfah fell to her death during the train ride on Nov
20, 1997. Jub'li had sat next to her.
On Nov 21, last year High Court judge Datuk Tee Ah Sing
ordered an assessment of damages after Sunway Lagoon told
the court that it was not contesting the issue of liability.
Sunway Lagoon, however, did not admit strict liability.
In a 22-page written judgment, which was read out by Deputy
Registrar Zamri Bakar in chambers today, Jub'li Mohamed, his
children Mohammad Ashraf Shub'li, 10, and Sofea Balqis,
seven, were awarded general and special damages for loss of
dependence for 10 years (RM74,400), tuition fees for six
years (RM10,800), Quran class fees for six years (RM5,760),
laundry expenses for eight years (RM3,840), cost of looking
after the children for eight years (RM19,200), nervous shock
suffered by Jub'li (RM5,000), bereavement (RM10,000),
funeral expenses (RM2,000), death certificate (RM20),
post-mortem report (RM80), police report (RM5) and
travelling expenses to seek medical assistance (RM195).
Tee also ordered interest for the general damages at six per
cent per annum from the date of service of the writ to date
of judgment and thereafter at eight per cent per annum until
full settlement.
As for special damages, interest is to be paid at four per
cent per annum from date of service to date of judgment and
thereafter at eight per cent per annum until date of full
settlement, with costs.
In awarding Jub'li RM5,000 in damages for nervous shock, Tee
had relied on a 1955 High Court judgment (in the case of
Zainab Ismail vs Manimuthu and Anor 1955 21 MLJ 22).
However, Tee disallowed a RM20,000 claim by the children for
loss of love and affection stating that a mother's love
could not be measured in monetary terms.
He further said that Jub'li should have employed a cook in
order to claim expenses for food and drinks for the family.
Tee also disallowed claims for costs for fresh milk for the
children, mineral water used for sprinkling water over Siti
Arfah's grave, flowers for the grave and travelling expenses
for weekly visits to the grave.
Tee said that Jub'li had done this on his own volition as
Muslim law did not make it obligatory to use mineral water
and visit the grave weekly.
Jub'li said later that he was satisfied with the amount
because Sunway Lagoon had been brought to justice over his
wife's death.
In their statement of claim, the plaintiffs had stated they
went to the park about 12.30pm on Nov 20, 1997, and about
1.15pm, Jub'li and Siti Arfah took a ride on the train
(similar to a roller-coaster) on a seat which was fixed with
a safety belt and a bar across their laps.
However, when the train started to move they discovered that
the safety bar had become loose and later came off. Siti
Arfah was thrown out of the carriage and hit a rock before
falling into a pool below, seriously injuring her head. She
was pronounced dead on arrival at the hospital.
Counsel Mohd Yaacub Bakanali and Azmer Md Saad appeared for
the plaintiffs, while David Lingam represented Sunway
Lagoon.
Mohd Yaacub later indicated that the plaintiffs may appeal
against the quantum awarded.
Bill
"~fairplay~" <fair...@hiwaay.net> wrote in message
news:3B71FD3A...@hiwaay.net...
> RM131,300 damages award
>
> Jub'li said later that he was satisfied with the amount
> because Sunway Lagoon had been brought to justice over his
> wife's death.
>
How sad, a husband can satisfied with RM131,300 for his wife life.
Saint
"Bill" <ku6...@pd.jaring.my> wrote in message
news:9kt0ti$ftr$1...@news6.jaring.my...
Reza Zainal
> How sad, a husband can satisfied with RM131,300 for his wife life.
How much would you be satisfied with....a million...??
Bill
news:3b777...@news.tm.net.my...
>
> > How sad, a husband can satisfied with RM131,300 for his wife life.
>
> How much would you be satisfied with....a million...??
>
To you, you will be very happy with a million.
To me, value of life is NOT measurable.
