Mahkamah merujuk kepada kes Ahmad Daman Huri bin Hussein v Koo Chin Yau [1990] 3 MLJ 53 yang membincangkan isu tuntutan kos penjagaan isteri yang menjaga suaminya yang cedera selepas kemalangan jalan raya. Lim Beng Choon H (pada ketika itu) menyatakan: “As to the claim for nursing care, it has been stated in Cunningham v Harrison [1973] 3 WLR 97 at p 98that: “It seems to me that when a husband is grievously injured – and is entitled to damages – then it is only right and just that, if his wife renders services to him, instead of a nurse, he should recover compensation for the value of the services that his wife has rendered. It should not be necessary to draw up a legal agreement for them. On recovering such an amount, the husband should hold it on trust for her JA-A53KJ-96-08/2020 Alasan Penghakiman 21 and pay it over to her. She cannot herself sue the wrongdoer (see Best v Samuel Fox & Co Ltd [1952] AC 716); but she has rendered services necessitated by the wrong-doing, and should be compensated for it. If she had given up paid work to look after him, he would clearly have been entitled to recover on her behalf; because the family income would have dropped by so much: see Wattson v Port of London Authority [1969] 1 Lloyd's Rep 95 at 102, per Megaw J. Even though she had not been doing paid work but only domestic duties in the house, nevertheless all extra attendance on him certainly calls for compensation.” It is clear from the proposition stated in that case that the plaintiff here is entitled to claim for compensation for the value of the services that his wife has rendered. Now the plaintiff's wife had said in her evidence that even if she was willing to pay $500 pm to engage a person to attend to her husband, she could not find anyone to do the work. I am inclined to think that she has exaggerated as regards the sum which she is prepared to offer. However that may be and taking into consideration the distressing work which a person has to do to attend to the needs of the plaintiff, I assess the value of the nursing care as $400 per month.”