LIM KEE THIAM RASHID BIN SUNGGOH

LIM KEE THIAM RASHID BIN SUNGGOH

Appellate court found HSA x-ray and treating doctor's contemporaneous records admissible under Evidence Act and more reliable than later specialist reports, held osteoarthritis was caused by the accident, allowed claim for one total knee replacement (not revision), revised scar revision award and both actual loss and loss of earning capacity using reasonable estimates and multiplier method; consequently varied quantum awards and ordered costs of RM3,000 subject to allocator.

Citation
JA-12B-37-07/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Lim Kee Thiam; Respondent/defendant: Rashid bin Sunggoh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 March 2023
Case Number
JA-12B-37-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Session Court / Judgment on Appeal (quantum)
Outcome
Appeal allowed in part; quantum varied in favour of Plaintiff
Legal Topics
Damages Assessment, Loss of Earnings, Causation of Injury (osteoarthritis), Admissibility of Medical Records and Hearsay Exceptions, Future Medical Expenses (tkr)
Source Language
Malay/English
Personal Injury Torts Civil Procedure Evidence Damages Assessment Loss of Earnings Causation of Injury (osteoarthritis) Admissibility of Medical Records and Hearsay Exceptions +1 more

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Parties

Lim Kee Thiam

Appellant/plaintiff

Rashid bin Sunggoh

Respondent/defendant

Procedural Posture

Civil Appeal From Session Court / Judgment on Appeal (quantum)

Legal Issues

  1. 1 Whether osteoarthritis of the right knee was caused by the accident or pre-existing degeneration
  2. 2 Admissibility and weight of hospital x-ray and case notes as hearsay exceptions under Evidence Act
  3. 3 Entitlement to future medical treatment (total knee replacement) and whether to award costs for revision

Ratio Decidendi

Appellate court found HSA x-ray and treating doctor's contemporaneous records admissible under Evidence Act and more reliable than later specialist reports, held osteoarthritis was caused by the accident, allowed claim for one total knee replacement (not revision), revised scar revision award and both actual loss and loss of earning capacity using reasonable estimates and multiplier method; consequently varied quantum awards and ordered costs of RM3,000 subject to allocator.

Court Disposition

Appeal allowed in part; quantum varied in favour of Plaintiff

Orders

  • Award for osteoarthritis of right knee: RM20,000.00
  • Award for scar revision: RM10,000.00