YASMIN NABILAH BINTI ZULHILMI (Seorang kanak-kanak yang menyaman melalui bapa dan wakil litigasinya Zulhilmi bin Abdul Hlim) KERAJAAN MALAYSIA

YASMIN NABILAH BINTI ZULHILMI (Seorang kanak-kanak yang menyaman melalui bapa dan wakil litigasinya Zulhilmi bin Abdul Hlim) KERAJAAN MALAYSIA

Liability was admitted; the court assessed quantum by relying on expert evidence and Brooks Table to fix life expectancy at 33 years, applied a 15% contingency to the remaining years to compute a multiplier of 18 for general damages, awarded special damages only to the extent proved or reasonably inferable (total RM132,804), denied or reduced claims for private treatment and certain equipment where equivalent care is available at public hospitals, awarded a one‑third contribution for a multipurpose vehicle and declined awards that would impose unreasonable precedent or burden on the Government.

Citation
WA-21NCVC-11-03/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Yasmin Nabilah binti Zulhilmi (by father and litigation representative Zulhilmi bin Abdul Halim); Respondent/defendant: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 January 2021
Case Number
WA-21NCVC-11-03/2019 (Mahkamah Tinggi)
Procedural Posture
Personal Injury Medical Negligence / Assessment of Damages After Liability Admitted (judgment on Quantum)
Outcome
Judgment for Plaintiff on quantum; damages and costs assessed and awarded against Respondent following admission of liability.
Legal Topics
Damages, Life Expectancy, Special Damages, Future Care Costs, Multiplier, Mitigation, Public Vs Private Treatment
Source Language
Malay/English
Tort Personal Injury Medical Negligence Administrative / Government Liability Damages Life Expectancy Special Damages Future Care Costs +3 more

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Parties

Yasmin Nabilah binti Zulhilmi (by father and litigation representative Zulhilmi bin Abdul Halim)

Appellant/plaintiff

Kerajaan Malaysia

Respondent/defendant

Procedural Posture

Personal Injury Medical Negligence / Assessment of Damages After Liability Admitted (judgment on Quantum)

Legal Issues

  1. 1 Appropriate life expectancy to use for multiplier
  2. 2 Proper multiplier after contingency deduction
  3. 3 Quantum and proof of special damages

Ratio Decidendi

Liability was admitted; the court assessed quantum by relying on expert evidence and Brooks Table to fix life expectancy at 33 years, applied a 15% contingency to the remaining years to compute a multiplier of 18 for general damages, awarded special damages only to the extent proved or reasonably inferable (total RM132,804), denied or reduced claims for private treatment and certain equipment where equivalent care is available at public hospitals, awarded a one‑third contribution for a multipurpose vehicle and declined awards that would impose unreasonable precedent or burden on the Government.

Court Disposition

Judgment for Plaintiff on quantum; damages and costs assessed and awarded against Respondent following admission of liability.

Orders

  • Awarded special damages: RM132,804.00
  • Awarded pre-trial damages: RM25,920.00