MOHD IZZAD SYAYUTI BIN RAHIM 1. ) SIVA BALAN A/L TANGAVILO 2. ) VALLI A/P SUBBARAYAN PENCELAH TETUAN PACIFIC & ORIENT INSURANCE CO. BERHAD.

MOHD IZZAD SYAYUTI BIN RAHIM 1. ) SIVA BALAN A/L TANGAVILO 2. ) VALLI A/P SUBBARAYAN PENCELAH TETUAN PACIFIC & ORIENT INSURANCE CO. BERHAD.

Court recorded a mutual finding of contributory negligence at 50% each. On quantum, the court assessed evidence and awarded general damages totalling RM460,000 (broken down by injury head) and special damages totalling RM2,303,098.60 based on proved items: past loss of earnings RM84,456; future loss of earnings RM119,646; past care RM72,000; past care items RM86,400; future institutional care RM1,935,671.60; other proved items RM4,925. Interest and costs awarded as follows: 2.5% per annum on special damages from date of accident to judgment; 5% per annum on general damages from date of writ to judgment and 5% per annum post-judgment until full settlement; costs allowed in full to...

Citation
KB-B53KJ-19-11/2020 (Mahkamah Sesyen)
Parties
Plaintiff (person With Disability Suing Through Litigation Guardian): Mohd Izzad Syayuti bin Rahim; Litigation Guardian / Mother: Jaslina binti Kamarudin; Defendant 1: Siva Balan a/l Tangavilo; Defendant 2: Valli a/p Subbarayan; Defendant 3 (insurer): Pacific & Orient Insurance Co. Berhad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 July 2025
Case Number
KB-B53KJ-19-11/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Claim for Damages Arising From a Road Traffic Accident / Trial Judgment Entered (24/07/2025); Appeals Filed on Quantum Only
Outcome
Plaintiff's claim allowed in part; damages and costs awarded; liability apportioned 50% contributory negligence each party
Legal Topics
Contributory Negligence, General Damages, Special Damages, Quantum of Damages, Interest and Costs
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Insurance Law Civil Procedure Contributory Negligence General Damages Special Damages +2 more

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Parties

Mohd Izzad Syayuti bin Rahim

Plaintiff (person With Disability Suing Through Litigation Guardian)

Jaslina binti Kamarudin

Litigation Guardian / Mother

Siva Balan a/l Tangavilo

Defendant 1

Valli a/p Subbarayan

Defendant 2

Pacific & Orient Insurance Co. Berhad

Defendant 3 (insurer)

Procedural Posture

Civil Claim for Damages Arising From a Road Traffic Accident / Trial Judgment Entered (24/07/2025); Appeals Filed on Quantum Only

Legal Issues

  1. 1 Allocation of liability and contributory negligence
  2. 2 Appropriate quantum for general damages (pain and suffering)
  3. 3 Calculation and proof of special damages: past and future loss of earnings, past and future care costs

Ratio Decidendi

Court recorded a mutual finding of contributory negligence at 50% each. On quantum, the court assessed evidence and awarded general damages totalling RM460,000 (broken down by injury head) and special damages totalling RM2,303,098.60 based on proved items: past loss of earnings RM84,456; future loss of earnings RM119,646; past care RM72,000; past care items RM86,400; future institutional care RM1,935,671.60; other proved items RM4,925. Interest and costs awarded as follows: 2.5% per annum on special damages from date of accident to judgment; 5% per annum on general damages from date of writ to judgment and 5% per annum post-judgment until full settlement; costs allowed in full to...

Court Disposition

Plaintiff's claim allowed in part; damages and costs awarded; liability apportioned 50% contributory negligence each party

Orders

  • General damages awarded RM460000 (pain and suffering)
  • Special damages awarded RM2,303,098.60 (breakdown: past earnings RM84,456; future earnings RM119,646; past care RM72,000; past care items RM86,400; future institutional care RM1,935,671.60; other proved items RM4,925)