Paraplegic man given S$23,500 for IVF treatment
A Malaysian man, who is unable to father children after being involved in an accident, will now be able to go through In Vitro Fertilisation (IVF) Treatment with his wife after being given RM70,000 (S$23,500) in damages by the Court of Appeal.
Justice Datuk Mohd Zawawi Salleh, who chaired the three-member panel, said that it was the fundamental right of Mr S. Nares and his wife Ms M.N. Suguna to have children, The Star Online reported.
This is believed to be the first time the courts in Malaysia has awarded compensation for IVF treatment.
In April 2010, Mr Nares, 27, was involved in a car collision in Klang that left him a paraplegic. This was just two weeks after he got married.
He also claimed that the accident had adverse effects on his income and he is currently unemployed.
Believing that the other driver had made a sudden U-turn without signalling and cutting into his side of the road, Mr Nares sued both him and the owner of the car for negligence.
However in defence, the car's driver and owner denied responsibility and claimed that Mr Nares was at fault for the collision.
In 2013, Mr Nares was given about RM2.04 million in damages by the Sessions Court in Klang as well as RM120,000 for treatment for erectile dysfunction and IVF treatment. The couple had planned to have three children.
Last year, the Shah Alam High Court found that Mr Nares was equally responsible for being negligent and slashed the sum of damages by half to about RM1 million.
This prompted Mr Nares to take matters to the Court of Appeal.
On top of the RM70,000 for his IVF treatment, Mr Nares will also get the original RM2.04 million in damages awarded to him by the Sessions Court.
Source: The Star Online