Nazari v AAI Limited t/as GIO (No 2)

The applicant, Nazari, sought a review of a decision made by a delegate of AAI Limited, trading as GIO, regarding the classification of injuries sustained in a motor accident. The injuries in question were diagnosed following a rear-end collision on 6 August 2018, in which the applicant, as the driver, was hit from behind. The injuries included a laceration to the right eyebrow that required suturing, injuries to the cervical and lumbar spines, injuries to both shoulders, and pain in both legs, particularly the right knee. The left elbow also experienced pain and restriction, necessitating the surgical removal of an existing pin and plate.

The central legal issues for the court to decide were whether the specific injuries mentioned were classified as minor injuries under the Motor Accidents Insurance Act 2017. This involved determining whether the injuries to the skin, such as the laceration to the right eyebrow and the left elbow, as well as the left shoulder, qualified as minor injuries. The court also needed to ascertain whether the injury to the left elbow, which required the removal of a pin and plate, was causally related to the accident. Furthermore, the court examined whether the excision of skin and the removal of a pin and plate from the bone, as well as the left shoulder injury causing a partial thickness tear, should be categorised as soft tissue and minor injuries or non-minor injuries.

The court examined the relevant legislative provisions and the objects of the Motor Accidents Insurance Act 2017, along with the interpretation guidelines provided by the Interpretation Act 1987. After considering the evidence and the applicable legal principles, the court concluded that the laceration to the applicant's right eyebrow was an injury to soft tissue and qualified as a minor injury. The injury to the applicant's left elbow was determined to have been caused by the accident, and the need for surgery on the left elbow was also a result of the accident. The surgery itself was deemed to be treatment only, and the cutting of the applicant's skin during the surgery was classified as a minor injury. However, the injury to the applicant's left shoulder, which caused a partial thickness tear, was not considered a soft tissue injury and was classified as a non-minor injury.