PUTRAJAYA: The Court of Appeal has overturned a RM700,000 aggravated damages award granted to the estate of Suman Rampal, who died after alleged medical negligence at a Klang private hospital in 2019. Justice S Nantha Balan, delivering a unanimous decision, said aggravated damages must be expressly pleaded and supported by facts showing injury to pride or dignity before death.
Damages
The court ruled the estate lacked standing as the alleged aggravating conduct occurred posthumously. The bench also struck out the RM176,280 loss of dependency award, citing insufficient evidence of financial contribution, and reduced pain and suffering damages from RM100,000 to RM50,000. The total payable amount now stands at about RM200,000.
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