KUALA LUMPUR: A Taiping High Court has awarded a 41-year-man who lost the use of his right arm in a road accident four years ago with RM3.9mil as costs for a robotic arm.

       Judicial Commissioner K. Muniandy awarded Mohd Sidik Muhammad Ketar with the cost of an orthosis - a robotic arm brace - which stood at RM3,977,160, believed to be the first of its kind in compensation by a court.

       In his ruling, JC Muniandy said the Sessions Court judge who rejected Mohd Sidik's claims on the orthosis had fallen into an error when her dominant consideration on the costs of the device was that it involved a "large amount of money".

       The High Court judge said when awarding a compensatory award, the plaintiff was entitled to the best as the purpose of compensation was to put the plaintiff, as a victim, in as near a position as he was before the incident happened.

       "In the present case, the myoelectric powered orthosis and rechargeable batteries would certainly help the plaintiff lead a more normal life and he certainly ought to be given a chance to use it," he said during a Zoom proceeding here on Friday (Nov 12).

       In the proceeding, Mohd Sidik was represented by lawyers G.K. Ganesan and R.S. Kameswary while the defendants were represented by lawyer Nor Asikin Ideris.

       Mohd Sidik, who was riding a motorcycle, was involved in an accident with a car driven by Zainal Hazril Zainal Mokhtar, 27, on Aug 21, 2017.

       He filed a lawsuit at the Kuala Kangsar Sessions Court against Zainal Hazril as the first defendant and Zainal Hazril's father Zainal Mokhtar Zainal Abidin, 66, as the second defendant.

       Zainal Mokhtar was sued in his capacity as the registered owner of the car.

       In his statement of claim, Mohd Sidik said the first defendant had encroached into his lane and thus caused a collision.

       As a result, Mohd Sidik, who was an employee with Risda, sustained severe injuries to his right arm including a brachial plexus injury.

       The plaintiff sought general and special damages including the cost of using a special device to assist him in using his right arm known as an "orthosis".

       Zainal Hazril and Zainal Mokhtar, in their statement of defence, claimed that Mohd Sidik had also encroached into the car's right of way.

       Thereafter, both parties agreed on liability and recorded it at a 50-50 basis.

       On Jan 8, last year, the Sessions Court awarded Mohd Sidik with a total of RM192,100 (RM185,000 in general damages and RM7,100 in special damages) but rejected claims on the orthosis on grounds that it was "too expensive".

       Mohd Sidik then filed an appeal on the quantum of damages at the Taiping High Court on Jan 16, 2020.

       Kameswary, when contacted, told The Star that the award was believed to be the first of its kind involving the use of an orthosis.