INDONESIAN WORKER GETS BACK HIS US$42,679 OF HIS LOST INCOME

PUTRAJAYA, Nov 13 (Bernama) -- An Indonesian worker who became paralysed after he was hit by a van in 1996, succeeded in getting back his award of RM153,600 (US$42,679) in lost income after the Court of Appeal here Thursday reinstated the Sessions Court's decision, made seven years ago.

In allowing Sukatno Karnen's appeal, Justice Abdul Malik Ishak said the
court was satisfied that no other vehicle had collided into Sukatno except the
van.

Ipoh High Court judge V.T. Singham, on Feb 25, allowed the van driver
Lee Seng Kee's appeal to set aside the Sessions Court decision and ruled that an
illegal immigrant in this country had no right to claim loss of income.

However, Abdul Malik, who sat with Justices James Foong and Abu Samah
Nordin, held that Sukatno, 38, had made a proper entry, a proper
departure and no immigration officer saw his work permit as false.

"Even if the appellant had no work permit, which was not the case
here, his
claim for damages from the respondent (Lee) should be entertained by our
courts," he said.

He said there was no evidence that Sukatno had entered the country
illegaly
and he had a valid work permit with his previous employer.

The police report made by Sukatno after the accident had also stated his
passport number, he added.

The Sessions Court awarded Sukatno the sum, to be paid in instalments of
RM800 per month for 16 years beginning Nov 28, 2001, the day the judgment was
delivered, after he sued Lee for general damages and loss of future
earnings.

Dissatisfied, Lee, 54, a carpenter , appealed to the High Court which ruled
in his favour, prompting Sukatno to appeal to the Court of Appeal.