Malaysian court approves settlement for brain injury victim
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Judicial commissioner K Raja Segaran approved a settlement of RM1.7 million plus RM170,000 in costs for Sultan Nur Mohamad, a man who suffered severe traumatic brain injuries in a motorcycle collision in Melaka, Malaysia, on March 2, 2024.
Sharifah Nizamuddin, Sultan’s wife and legal representative, applied for the settlement. The court initially required more than just consent from both sides because Sultan lacked the legal capacity to agree to the terms himself.
The judge examined evidence showing the settlement’s value and reasonableness, noting it represented a reduction of approximately 14% in potential damages and interest. Segaran considered that a finding of partial responsibility on Sultan’s part could have further reduced any awarded damages. He also weighed the benefit of quickly providing funds for Sultan’s ongoing care, which his family had been covering since March 2024, against the risks and costs of continuing the legal battle.
The settlement terms require the money be held by Sultan’s solicitors for his medical needs, with unused funds after 12 months placed in a fixed deposit to accrue interest. The court also approved payments to Sharifah to cover her own expenses and care provided to Sultan. Segaran declined to require court approval for every withdrawal from the fund, recognizing Sultan’s medical needs could exceed annual limits.
The Melaka sessions court previously found riders Nafie Iman Hanafi Zainuddin and Shar Kawi Hazim Shafie liable for the accident, but both appealed.
