IBRAHIM BIN MOHAMED HASHIM 1. ) V. RAJAN A/L VELIAH 2. ) POONNIYASILAN A/L GOPAL PILLAI

IBRAHIM BIN MOHAMED HASHIM 1. ) V. RAJAN A/L VELIAH 2. ) POONNIYASILAN A/L GOPAL PILLAI

The Sessions Court found defendants 100% liable, assessed specific general damages amounts guided by the Compendium and plaintiff's residual disabilities, allowed limited special damages where supported by evidence (hospital visitation RM350; hospital treatment RM3; one third of claimed future surgery RM1,500), disallowed multiple special damage and loss of earnings claims for failure to discharge the evidentiary burden, and ordered judgment interest; plaintiff appealed to the High Court only on quantum.

Citation
AA-A53KJ-338-09/2020 (Mahkamah Sesyen)
Parties
Plaintiff/appellant: Ibrahim bin Mohamed Hashim; Defendant/respondent: V. Rajan a/l Veliah; Defendant/respondent: Ponniyasilan a/l Gopal Pillai
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 February 2023
Case Number
AA-A53KJ-338-09/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Motor Vehicle Personal Injury / Appeal to High Court Limited to Quantum (sessions Court Judgment Delivered)
Outcome
Sessions Court judgment: defendants 100% liable; damages awarded as assessed; plaintiff appealed to High Court on quantum.
Legal Topics
Damages, General Damages, Special Damages, Loss of Earnings, Standard of Proof
Source Language
Malay/English
Tort Personal Injury Civil Procedure Damages General Damages Special Damages Loss of Earnings Standard of Proof

Case Brief

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Parties

Ibrahim bin Mohamed Hashim

Plaintiff/appellant

V. Rajan a/l Veliah

Defendant/respondent

Ponniyasilan a/l Gopal Pillai

Defendant/respondent

Procedural Posture

Civil Motor Vehicle Personal Injury / Appeal to High Court Limited to Quantum (sessions Court Judgment Delivered)

Legal Issues

  1. 1 Whether the Sessions Court correctly assessed quantum of general damages
  2. 2 Whether claimed special damages were proved with the requisite strictness of proof
  3. 3 Whether loss of earnings was proved and recoverable

Ratio Decidendi

The Sessions Court found defendants 100% liable, assessed specific general damages amounts guided by the Compendium and plaintiff's residual disabilities, allowed limited special damages where supported by evidence (hospital visitation RM350; hospital treatment RM3; one third of claimed future surgery RM1,500), disallowed multiple special damage and loss of earnings claims for failure to discharge the evidentiary burden, and ordered judgment interest; plaintiff appealed to the High Court only on quantum.

Court Disposition

Sessions Court judgment: defendants 100% liable; damages awarded as assessed; plaintiff appealed to High Court on quantum.

Orders

  • Liability: Defendants 1 and 2 jointly and severally 100% liable for plaintiff's injuries
  • General damages awarded: Multiple abrasion RM5,000