S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action.
In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment of an important physical, mental or psychological function as the result of the use or operation of the defendants’ automobile”.
If the plaintiff’s evidence does not support the above impairment, then the compensation for his pain and suffering is not recoverable.
