Court orders driver to pay RM1.94mil to motorcyclist left bedridden after crash

KUALA LUMPUR: A motorcyclist was awarded RM1.94 million after being left bedridden and unable to speak following a road accident eight years ago.

The Kulim Sessions Court held car driver Asmah Hassan, 44, 90 per cent liable for the May 27, 2018 crash, which left S. Kovarthan with severe brain damage and permanent disabilities.

Judge Mohd Azhar Hamzah ruled that Asmah was negligent when she entered the opposite lane to bypass traffic cones placed near a sinkhole without ensuring it was safe to do so.

However, the court found Kovarthan 10 per cent contributorily negligent for riding close to the centre lines rather than keeping to the left side of his lane.

The court said the collision occurred at 7.45pm along Jalan Sungai Karangan towards Merbau Pulas in Kedah.

Asmah, driving in the opposite direction, encountered traffic cones placed along a section of the road damaged by a sinkhole.

She claimed she had stopped her vehicle and signalled right before crossing the double centre lines to avoid the cones.

However, her car collided with Kovarthan's motorcycle, which was approaching from the opposite direction.

The court heard that Kovarthan remained in a persistent vegetative state, suffering irreversible brain damage.

A medical report by neurosurgeon Dr K. Ravindran Katheerayson stated that Kovarthan was bedridden, unable to speak and incapable of giving evidence in court.

"He kept looking and staring at his family members when they called out to him and this was his only response I can say that showed an improvement since his admission," the report said.

The court also heard that Kovarthan required round-the-clock care, depending entirely on his mother and sister for feeding, bathing, and basic daily needs.

Azhar said evidence showed that the collision occurred in Kovarthan's lane and that Asmah had sufficient time to assess the situation before proceeding.

He said the presence of the traffic cones did not present an emergency that compelled Asmah to encroach into the opposite lane.

Instead, the accident happened because she failed to check for oncoming traffic before crossing over.

The court also rejected Asmah's attempt to hold the state Public Works Department (PWD), its officials and road maintenance concessionaire THB Maintenance Sdn Bhd liable for the accident.

Azhar found that the company had detected the sinkhole during an inspection on May 20, 2018, and placed cones and warning signs to alert motorists.

He said the precautions were reasonable and sufficient, noting that Asmah herself had acknowledged seeing the cones before the accident.

On damages, the court awarded Kovarthan RM245,000 in general damages for his severe head injuries, fractures, lacerations and surgical scars.

The court also allowed RM835,200 for loss of future earnings after finding that Kovarthan would never be able to work again.

Before the accident, Kovarthan had been working as a logistics assistant at Interlink Logistic Pte in Singapore, earning SGD1,804 a month.

The court further awarded RM761,808 for future nursing care, based on a monthly home-care cost of RM2,152 over 354 months.

Other awards included RM117,180 for adult diapers, RM151,379 for medical expenses at Gleneagles Medical Centre and RM34,500 for past nursing care.

The final award totalled about RM1.94 million after deducting 10 per cent for Kovarthan's contributory negligence.

The court also granted him RM40,000 in costs, together with applicable interest.

Asmah has appealed against the court's decision on both liability and the amount of damages awarded.