PETALING JAYA: A former salesman who was permanently paralysed after being struck by a falling coconut tree at Pantai Chenang, Langkawi, seven years ago has been awarded more than RM2.21 million in damages by the High Court in Alor Setar.
Justice Johan Lee awarded Yong Shui Tian, now 32, RM2,213,208 following an assessment of damages after the Court of Appeal found the Langkawi Municipal Council (MPLBP) liable for the incident.
Yong was struck from behind by the falling tree on Jan 9, 2019, suffering a fracture-dislocation and completely severed spinal cord that left him permanently paraplegic and wheelchair-bound.
The award comprised 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, Johan said no amount of money could restore Yong’s physical health or return him to 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,” he said.
The court 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.
Lily Chua, Tseng Seng Guan and Nur Farah Farhana Effendy Onn appeared for Yong, while Kanesh Sundrum represented MPLBP.
Last week, the Federal Court refused the council’s application for leave to appeal, upholding the Court of Appeal’s decision.
In reversing the High Court’s earlier judgment, the Court of Appeal last year held that the Local Government Act 1976 imposed statutory responsibilities on local authorities to plant, trim and remove trees where appropriate.
Justice Faizah Jamaludin, who delivered the Court of Appeal’s judgment, said the law also 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’s ruling also found MPLBP 100% liable for the incident.
