
The compensation is believed to be the first by a Malaysian court for such a claim.
Judicial commisioner K Muniandy allowed the claim following an appeal by Mohd Sidik Muhammad Ketar, 40.
The judge said Sidik was entitled to the best, as the purpose of compensation was to “put a plaintiff (Sidik) in near a position he was before the tort was committed”.
In this case, he said, the orthosis arm would certainly help Sidik to lead a normal life and that he ought to be given the chance to use it.
The compensation was inclusive of replacement parts for the device, including batteries and lifetime maintenance.
Muniandy, who delivered his judgment through a virtual proceeding, also maintained the RM180,000 payment awarded by the Kuala Kangsar sessions court.
Sidik was riding his motorcycle from Kuala Kangsar to his house in Taman Rengas Sejaya on Aug 21, 2017, when he was involved in a collision with a car.
He sustained severe injuries to his right arm, including a brachial plexus injury, degloving wound, open fracture right humerus, abrasions, cerebral concussion and laceration wounds.
He was unable to use his right arm and could no longer carry out routine daily activities like taking a bath, using the toilet and putting on his clothes.
On Dec 14, 2018, he filed a negligence suit against the driver, Zainal Hazril, and his father, Zainal Mokhtar Zainal Abidin, who owned the vehicle.
Sidik, represented by GK Ganesan and RS Kameswary, sought payment for the cost of an orthosis arm or myoelectric-powered orthosis, a device to assist in the use of his right arm.
However, sessions court judge Rohaida Ishak granted most of Sidik’s other compensation but rejected the claim for the orthosis device as it was “far too expensive”.