This article was written with assistance and contribution from Krishen s/o Soogumaran.

For those who have suffered personal injuries or those who bear the burden from the death of a loved one, there are some interesting developments to the current law.

Here are 9 relevant changes to the Civil Law Act 1956 via the Civil Law (Amendment) Act 2019, which you may or may not have known of. The changes take effect from 01.09.2019 onwards.

1. Previously where the death of a person was caused by a wrongful act, compensation could be made only to the wife/husband, parent and child of the deceased. The amendments now include any person with disabilities under the care of the deceased.

2. “Person with disabilities” is the same as defined in the Persons with Disabilities Act 2008, i.e:

   …“persons with disabilities” include those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society …

3. In calculating payable compensation, one factor is loss of earnings. (This is because the deceased would have been able to continue working and drawing income, if not for his/her untimely death.) Previously, loss of earnings could be claimed if the deceased was 55 years old and above when he/she died. The amendment increases the applicable age to 60 years old.

4. Also, loss of earnings could only be claimed previously if the deceased was in good health and working. With the amendments, the ‘good health’ aspect has been removed. If the deceased was below 60 years of age, working and regardless of his/her health, loss of earnings would still be taken into consideration when making compensation.

5. There is the matter of computing the period. Loss of earnings could previously be claimed (if the deceased is above 31 years of age) and was calculated as follows:-

   55 (minus) age of deceased at the time of death (provided he/she was between 31 to 54) divided by 2

   With the amendment, the multiplier is calculated as follows:-

   60 (minus) age of deceased at the time of death (provided he/she was between 31 to 59) divided by 2

6. When it comes to bereavement (‘state of sorrow over the death or departure of a loved one’), in the past those who can make the claim are spouses, and if the deceased was a minor and never married, then his/her parents. The maximum amount claimable is RM10,000.00. However with the amendments, those who can make the claim are now spouses, the child of the person deceased and the parents (separately). The amendments increase the amount claimable to RM30,000.00.

7. For personal injuries, one factor for calculation of compensation payable is loss of future earnings (since the person injured would have been able to continue working and draw income were it not for the injury). Previously, loss of future earnings would not be considered if the person was 55 years old and above when he/she was injured. However, with the amendments, the applicable age is increased to 60 years old.

8. Also, previously the loss of future earnings is on condition the person injured was in good health and was working. With the amendments, the good health aspect has been removed. Hence, if the person injured was below 60 years of age, working and regardless of his/her health, the loss of future earnings would still be taken into consideration when making compensation.

9. In computing the period, loss of future earnings was then calculated as follows:-

   55 (minus) age of the person at the time of injury (provided he/she was between 31 to 54) divided by 2

   With the amendment, the multiplier is calculated as follows:-

   60 (minus) age of the person at the time of injury (provided he/she was between 31 to 54) divided by 2