PARTNERS

GURDAVE SINGH LL.B (Hons) Lond. CLP ANANTH NAIR LL.B (Hons) Lond. CLP, MBA

DAVE ANAN
Peguambela & Peguamcara Advocates & Solicitors

CONSULTANT
SHAMALA NAIR LL.B (Hons) Manchester, CLP Mediator (Bar Council)

Our Ref Your Ref Date

: SN/17/12/DEF/MCIS : BI/2082278 : 25.05.2012 BY HAND

MCIS ZURICH INSURANCE BERHAD Wisma MCIS ZURICH, Jalan Barat, 46200 Petaling Jaya, Selangor ATTN : PN NORMAWATI AHMAD Dear Sirs, RE : SHAH ALAM SESSIONS COURT SUMMONS NO: 53-1540-12/2011 ACCIDENT ON 20.6.2011 INVOLVING VEHICLE NO.BHC 5508

We refer to the above matter fixed for Hearing on 26.6.2012 and append herewith our Opinion on Liability and Quantum. The relevant documents are enclosed herewith for your perusal. FACTS
DEFENDANTS VERSION LEONG CHEE KUN

According to the Defendant on 20.6.2010 at 7.40am he was 5508 from his house to his place of work at Setia Alam.

driving Motorjeep BHC

As he reached Setia Welcome Centre U13 after the passengers (workers) alighted he reversed his motorjeep and as a result he collided into a pedestrian.

Address : SUITE 07.15, 7th Floor, Menara TKSS, No.206, Jalan Segambut, 51200 Kuala Lumpur Tel : 03-62512515/62512516 Fax : 03-62512513 Office Hours : MON FRI 9.00AM 5.30PM E-mail : dave_anan@yahoo.com

PARTNERS
GURDAVE SINGH LL.B (Hons) Lond. CLP ANANTH NAIR LL.B (Hons) Lond. CLP, MBA

DAVE ANAN
Peguambela & Peguamcara Advocates & Solicitors

CONSULTANT
SHAMALA NAIR LL.B (Hons) Manchester, CLP Mediator (Bar Council)

PLAINTIFFS VERSION On the material date and time he was a passenger in motorjeep BHC 5508 from his house to his place at work at Welcome Centre U13, Setia Alam when after alighting from the said motorjeep the said motorjeep reversed and collided into him. LIABILITY From the police reports we note that the defendant reversed his motorjeep and collided into someone however it is unclear who is the person he collided into and the relationship if any to the defendants ie. was he an employee of the defendant or was the defendant contracted to Jeremy and drop off the Plaintiff who was working as a Security Guard. The Sketch Plan & Key is neutral and merely shown the scene of the accident and our insured driver has been charged under rule 17(1) LN 166/59. The said section reads as follows :We will require the adjusters report to advise yourselves in depth on the issue of liability. QUANTUM The Plaintiffs initial medical report from Hospital Tengku Ampuan Rahimah states that the Plaintiff suffered the following :- Central cord syndrome with C4/5 disc protrusion. - Cervical collar, analgesia, rehab referral.

Plaintiffs Specialist Report from Arunamari Specialist Medical Centre, Klang states the following injuries :- Central cord syndrome with C4/5 disc protrusion. - Loss of consciousness - Weakness upper limbs

The injuries had healed with the following disabilities:- Pain in the neck - Stiffness of neck
Address : SUITE 07.15, 7th Floor, Menara TKSS, No.206, Jalan Segambut, 51200 Kuala Lumpur Tel : 03-62512515/62512516 Fax : 03-62512513 Office Hours : MON FRI 9.00AM 5.30PM E-mail : dave_anan@yahoo.com

PARTNERS
GURDAVE SINGH LL.B (Hons) Lond. CLP ANANTH NAIR LL.B (Hons) Lond. CLP, MBA

DAVE ANAN
Peguambela & Peguamcara Advocates & Solicitors

CONSULTANT
SHAMALA NAIR LL.B (Hons) Manchester, CLP Mediator (Bar Council)

- Inability to carry weight - Weakness of both upper limbs - Inability to carry and inability to hold - Unsightly scars a) The pain neck, stiffness neck is due to the of C4/C5 disc protrusion sustained at the time of accident and it has not improved and probably be a permanent disability. b) The weakness of both upper lower limbs is due to the central cord syndrome sustained at the time of the accident and it has not improved and probably be a permanent disability. c) The unsightly scars due to the accident are a permanent. d) Mr. Hassanuddin Bin Mansuruddin has permanent weakness of his both upper limbs. And he will have difficulty under taking activities involving holding and carrying weight.

We have referred the Plaintiff to Datuk Dr. Yeoh for a Specialist examination on 4.6.2012 upon receipt of the said report we will advise yourselves on quantum. Kindly let us have the adjusters report on an urgent basis. Thank you.

Yours faithfully, Messrs Dave Anan

SHAMALA NAIR

Address : SUITE 07.15, 7th Floor, Menara TKSS, No.206, Jalan Segambut, 51200 Kuala Lumpur Tel : 03-62512515/62512516 Fax : 03-62512513 Office Hours : MON FRI 9.00AM 5.30PM E-mail : dave_anan@yahoo.com