A former salesman who was left permanently paralysed after being struck by a falling coconut tree in Pantai Chenang, Langkawi, seven years ago has been awarded more than RM2.21 million in damages by the Alor Setar High Court.
Justice Johan Lee ordered the Langkawi Municipal Council (MPLBP) to pay RM2,213,208 to Yong Shui Tian, now 32, following an assessment of damages after the Court of Appeal found the local authority fully liable for the accident.
Yong was hit from behind by the falling tree on Jan 9, 2019, causing a fracture-dislocation and complete severing of his spinal cord. The injuries left him permanently paraplegic and dependent on a wheelchair.
The compensation comprises 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 acknowledged that no financial award could restore Yong’s physical condition or bring back the life he had before the accident.
However, he said the compensation was intended to provide fair and lawful redress and enable Yong to live the rest of his life with dignity.
The court also ordered interest of five per cent per annum on the general damages from the date the writ was served until judgment. Special damages will carry interest of 2.5 per cent per annum from the date of the accident until judgment.
Yong was represented by lawyers Lily Chua, Tseng Seng Guan and Nur Farah Farhana Effendy Onn, while Kanesh Sundrum represented MPLBP.
Last week, the Federal Court rejected the council’s application for leave to appeal, effectively upholding the Court of Appeal’s decision.
The Court of Appeal had overturned an earlier High Court ruling and found that the Local Government Act 1976 placed statutory duties on local authorities to plant, trim and remove trees where necessary.
Justice Faizah Jamaludin, who delivered the appellate court’s judgment, said the law also empowered local authorities to remove trees on private property that had fallen onto public roads, with the costs recoverable from the owner or occupier.
The Court of Appeal ultimately held MPLBP 100 per cent liable for the accident.
