V.P. Nathan & Partners, acting for Syarikat Takaful Malaysia AM Berhad in a bodily injury matter heard in Raub, secured a settlement of RM600,000 plus 10% costs against a plaintiff’s settlement figure of RM2.1 million.
The Case
The accident occurred on 2 September 2022 on a narrow undivided rural road in Raub, Pahang. The plaintiff sustained a head injury, multiple fractures, total blindness of the left eye, and 50% visual loss in the right eye. Liability exposure was assessed at 80% to 100% against the insured’s driver.
When the Clinical Scores Tell a Different Story
The panel neurosurgeon recorded an MMSE of 30/30, a MoCA of 30/30, and a Barthel Index of 100/100 — indicating no cognitive impairment and complete independence in activities of daily living. The plaintiff had returned to work as a roadside burger vendor, walked without a mobility aid, and had consumed no analgesics for more than two years.
International Guidelines Against Speculative Lifelong Claims
The plaintiff sought lifelong hyaluronic acid injections for post-traumatic osteoarthritis — a claim running to RM220,000. V.P. Nathan & Partners opposed this citing the American Academy of Orthopaedic Surgeons (2021), NICE (UK, 2022), and the Malaysian Clinical Practice Guidelines for Osteoarthritis (2nd edition), all of which advise against routine intra-articular HA injections.
Outcome
The matter settled at RM600,000 plus 10% costs, well within the strategic parameters the firm had set.