6.

Loss of Earnings Capacity. 6.1 The Plaintiff's employer had terminated the Plaintiff when he was still recuperating from his injuries. 6.2 We are not informed whether the Plaintiff is working at present. owe!er" the specialist report states that the Plaintiff will ha!e difficulties in walking" running and standing for long periods as well as difficulties in clim#ing stairs and carrying weights. 6.$ %i!en that the Plaintiff was working as a cook in his pre!ious employment" the nature of such work would re&uire prolonged standing and mo!ing a#out the kitchen. The disa#ilities of the Plaintiff will definitely affect his work as a cook. e may ha!e difficulties in securing the same type of work and as a result the Plaintiff ha!e to seek other less strenuous form of employment . 6.' The Plaintiff is entitled to claim for loss of earning capacity when the disa#ility suffered is such that although it had not caused a reduction in his present income" there is a risk that he might #e thrown out of work altogether or ha!e to o#tain a lesser paid employment in the future. (Please See Ngooi Ku Siong [1985] 1 MLJ 30) 6.( )n Chong Chee Khong [1997] 5 MLJ786" The injury suffered #y the plaintiff resulted in his ina#ility to s&uat fully" stand alone for long periods" The *ourt held that although there was

no reduction in the plaintiff's earnings as a shoemaker" the *ourt awarded him a sum of RM 6!"""."" for loss of earning capacity at +,$00.00 per month for 10 years. )n #an $%ee #iong [&""&] 1 CLJ" -. /egara 0 awarded loss of earning capacity for full 16 years despite the fact that the plaintiff had not lost his pre!ious employment. 6.6 We would ad!ise insurers to make pro!ision of a sum of RM 6! """."" 1at +,$00.00 per month for 10 years2 to cater for a claim under this head of damages. 2.4.3 The Claimant is entitled to claim for loss of earning capacity when the disability suffered is such that although it had not caused a reduction in his present income, there is a risk that he might be thrown out of work altogether or have to obtain a lesser paid employment in the future. (Please See Ngooi Ku Siong [1985] 1 MLJ 30) 2.4.4 In Chong Chee Khong vs Ng Yau Hin [1997] 5 MLJ786, The in ury suffered by the plaintiff resulted in his inability to s!uat fully, stand alone for long periods, The Court held that although there was no reduction in the plaintiff"s earnings as a shoemaker, the Court awarded him a sum of RM 36,000 00 for loss of earning capacity at #$3%%.%% per month for &% years. 2.4.' In !an "#ee !iong vs Kho$ Chin Hau[%00%] 1 CLJ &86, () *egara + awarded loss of earning capacity for full &, years for plaintiff under the age of 3%, despite the fact that the plaintiff had not lost his previous employment. 2.4., The Claimant is 42 years of age. -e would e.pect the Claimant could only carry on in his present type

of work for another / years. Thereafter his physical condition would not allow him to continue. 2.4./ -e would advise insurers to make provision of a sum of RM %1,6000 00 0at #$3%%.%% per month for , years 10''20423 /44 5 to cater for a claim under this head of damages.