V.P. Nathan & Partners advised a major Malaysian insurer on a challenging road traffic matter involving a contested head-on collision and a total claim exceeding RM1.39 million.
The Case
The plaintiff sustained severe right upper limb injuries — multiple open fractures, brachial plexus nerve damage, and a functionally compromised arm — and filed a global claim of RM696,560 plus 10% costs at 50% liability.
Liability: A Defensible 50:50 Position
There were no independent witnesses, no CCTV, and no dashcam recordings. Debris was scattered across both lanes, making the precise point of impact impossible to establish. V.P. Nathan & Partners advised a primary position of 50:50 liability.
The Damages Schedule: Sixteen Heads, One Overstatement
Across 16 injury heads, the plaintiff’s claim of RM403,000 in general damages was systematically overstated. V.P. Nathan & Partners advised a revised range of RM225,000 to RM253,000, with a separate bracket of RM50,000 to RM80,000 for the brachial plexus injury — which had been misclassified in the plaintiff’s submissions.
The Robotic Arm
The plaintiff sought a myoelectric robotic arm. V.P. Nathan & Partners identified this as clinically unsustainable: the device required EMG signals the plaintiff could not generate. After negotiation, the plaintiff accepted a customised shoulder support with body power system at RM429,300, with a contingency deduction arriving at RM236,333.
Outcome
At 50% liability, the insurer’s realistic exposure was RM313,166 to RM376,666 — against the plaintiff’s demand of RM696,560 plus costs.