V.P. Nathan & Partners, acting for Zurich General Takaful Malaysia Berhad in a two-plaintiff road accident matter from Kota Bharu, secured a combined settlement of RM600,000 plus 10% costs — against a plaintiff’s settlement figure of RM2.1 million.
The Case
The accident occurred on 4 January 2023 in Kota Bharu. The rider sustained a severe traumatic brain injury with intracranial haemorrhages and craniofacial fractures. The pillion rider suffered a fracture of the distal radius. V.P. Nathan & Partners assessed liability at 80% against the insured, maintaining a fallback position of 50:50 for trial.
The Helmet Deduction
The rider was not wearing a helmet at the time of the accident. V.P. Nathan & Partners applied a 10% deduction across applicable heads of claim.
Resisting Institutional Care
The institutional care claim exceeded RM1.3 million. V.P. Nathan & Partners resisted this entirely, relying on the Shalis Care Nursing Report which confirmed the plaintiff was conscious, mobile, able to eat independently, and in control of bowel and bladder functions. A capped sum of RM229,696 for home care was proposed instead.
Outcome
The matter settled at RM600,000 plus 10% costs.