Thursday, March 3, 2011

Negligent Claim Matter

Sometime in Oct 2007, my son, Edmund and Grace went for a holiday at Taman Negara, Pahang through NKS Hotel and Tours, the tour Agent. Our journey started from Petaling Street by coach arranged by them. We checked into Ekoton Chalet after about 2 1/2 hours drive. However, when we arrived, I discovered that one of the steps to our Chalet was shaky and I immediately brought this matter to the reception for action. The next morning, we went mountain climbing and when I returned I discovered that the problem was still not rectified and I told my tour leader of the fault.

It was a very beautiful evening, I decided to take a walk in the garden and as soon as I stepped onto the staircase, it collapsed and I fell. I could not get up and my son and Grace came to my aid. I discovered that I had sprained my ankle and knee and shoulder blade were also injured. There was no road for cars, and I had to be ferried by motorbike to the community hospital. I was given some pain killers and a tube of counter pain to counter my pain. Next morning, I was taken to Jerantut Hospital for an X-Ray before heading back to KL.

Due to the injury, I got a stick and box as a platform to straight and when I arrived home, my bladder was filled to the brim.

I took up a suit against them in the KL Court but since the place of accident was in Pahang, my case was transferred to Termeloh. So be smart, use the court nearest the place of happening. Anyway, I made a suit against Tour Agent and the chalet Operator. The Tour Agent settled out but went to Termeloh court to sue the chalet Operator.

My son drove me to Termeloh at 6.30am on 3 March 2011 and arrived there at 8.30. We had breakfast and went to court and my case was heard at eleven. Due to non settlement, the court proceedings was adjourned to 2.30pm. My lawyer, was well prepared with all the relevant documents and I also supported her with the originals. At about four, the judge decided to take a break of five mins then both the lawyers were called in chambers for an amicable settlement and it was finally resolved at an agreed sum by both parties. A win win situation for all.

Outside the courtroom the opponent's lawyer came to me and said that I should read law and practice.

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