Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia

In Malaysia, damages for personal injuries and causing death, other than homicide, is primarily governed by the Civil Law Act 1956 (Amendment 1984). Quantum for damages for personal injuries are said to be higher that the fatal case which is confined to bereavement, funeral expenses, estate claimand...

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Main Authors: Ismail, S.Z., Khalil, S.A., Al-Mekhlafi, A.M.A.S., Samudin, S.A.
Format: Conference or Workshop Item
Language:English
Published: 2017
Subjects:
Online Access:http://eprints.um.edu.my/18069/1/All.pdf
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author Ismail, S.Z.
Khalil, S.A.
Al-Mekhlafi, A.M.A.S.
Samudin, S.A.
author_facet Ismail, S.Z.
Khalil, S.A.
Al-Mekhlafi, A.M.A.S.
Samudin, S.A.
author_sort Ismail, S.Z.
collection UM
description In Malaysia, damages for personal injuries and causing death, other than homicide, is primarily governed by the Civil Law Act 1956 (Amendment 1984). Quantum for damages for personal injuries are said to be higher that the fatal case which is confined to bereavement, funeral expenses, estate claimand dependency claim. If the injured are alive and suffer resulting from the incident, there are four types of damages that tan. be claimed, namely: (i) pain and suffering and loss of amenities, (ii) loss of future earnings, (iii) loss of.earning capacity and (iv) future care expenses. For most road accident cases, the root cause is said. to be negligence. TIle principles of negligence under the law of tort is used to determine liability. Using road. traffic accident cases as the focus of the study. this paper examines in I details the current situation, address issues, the role of insurance company as well as show where changes to the law are necessary.
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spelling um.eprints-180692017-10-23T08:00:58Z http://eprints.um.edu.my/18069/ Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia Ismail, S.Z. Khalil, S.A. Al-Mekhlafi, A.M.A.S. Samudin, S.A. BP Islam. Bahaism. Theosophy, etc K Law (General) In Malaysia, damages for personal injuries and causing death, other than homicide, is primarily governed by the Civil Law Act 1956 (Amendment 1984). Quantum for damages for personal injuries are said to be higher that the fatal case which is confined to bereavement, funeral expenses, estate claimand dependency claim. If the injured are alive and suffer resulting from the incident, there are four types of damages that tan. be claimed, namely: (i) pain and suffering and loss of amenities, (ii) loss of future earnings, (iii) loss of.earning capacity and (iv) future care expenses. For most road accident cases, the root cause is said. to be negligence. TIle principles of negligence under the law of tort is used to determine liability. Using road. traffic accident cases as the focus of the study. this paper examines in I details the current situation, address issues, the role of insurance company as well as show where changes to the law are necessary. 2017 Conference or Workshop Item PeerReviewed application/pdf en http://eprints.um.edu.my/18069/1/All.pdf Ismail, S.Z. and Khalil, S.A. and Al-Mekhlafi, A.M.A.S. and Samudin, S.A. (2017) Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia. In: UI Scholar Summit 2017, 10-11 October 2017, Universitas Indonesia, Depok Campus, Indonesia. https://scholarsummit.ui.ac.id/
spellingShingle BP Islam. Bahaism. Theosophy, etc
K Law (General)
Ismail, S.Z.
Khalil, S.A.
Al-Mekhlafi, A.M.A.S.
Samudin, S.A.
Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title_full Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title_fullStr Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title_full_unstemmed Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title_short Damages for personal injuries and causing death resulting from road traffic accident: A survey from Malaysia
title_sort damages for personal injuries and causing death resulting from road traffic accident a survey from malaysia
topic BP Islam. Bahaism. Theosophy, etc
K Law (General)
url http://eprints.um.edu.my/18069/1/All.pdf
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