MUHAMMAD ALIF BIN SAIDIN HASSAN BIN YUSOFF

MUHAMMAD ALIF BIN SAIDIN HASSAN BIN YUSOFF

Appeal allowed in part: appellate court increased general damages to RM350,000 for severe traumatic brain injury based on expert findings of residual hemiparesis, cognitive deficits, young age and diminished life and earning prospects and found the Sessions Court award was inadequately low; upheld the Sessions Court finding that a local caregiver is required but not for life and confirmed award of RM144,000 (RM800/month for 15 years) for future care; upheld and adjusted future medical/rehabilitation award to RM41,720 (RM41,000 plus RM720) as reasonable given availability of public rehabilitation and lack of evidence for expensive private treatment; applied compensatory principles and...

Citation
DA-12B-35-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Muhammad Alif bin Saidin; Respondent/defendant: Hassan bin Yusoff
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2023
Case Number
DA-12B-35-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Motor Vehicle Accident) / High Court Appeal on Quantum of Damages (decision)
Outcome
Appeal allowed in part and otherwise dismissed; Sessions Court decision varied as to general damages and affirmed/varied as to special damages.
Legal Topics
General Damages, Special Damages, Future Care Costs, Future Medical Treatment, Quantum of Damages, Apportionment
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Damages General Damages Special Damages Future Care Costs Future Medical Treatment +2 more

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Parties

Muhammad Alif bin Saidin

Appellant/plaintiff

Hassan bin Yusoff

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury Motor Vehicle Accident) / High Court Appeal on Quantum of Damages (decision)

Legal Issues

  1. 1 Whether the quantum awarded for general damages for severe traumatic brain injury was fair and adequate
  2. 2 Whether future care costs (caregiver) should be awarded and for what duration and quantum
  3. 3 Whether future medical/rehabilitation treatment costs should be awarded and quantum

Ratio Decidendi

Appeal allowed in part: appellate court increased general damages to RM350,000 for severe traumatic brain injury based on expert findings of residual hemiparesis, cognitive deficits, young age and diminished life and earning prospects and found the Sessions Court award was inadequately low; upheld the Sessions Court finding that a local caregiver is required but not for life and confirmed award of RM144,000 (RM800/month for 15 years) for future care; upheld and adjusted future medical/rehabilitation award to RM41,720 (RM41,000 plus RM720) as reasonable given availability of public rehabilitation and lack of evidence for expensive private treatment; applied compensatory principles and...

Court Disposition

Appeal allowed in part and otherwise dismissed; Sessions Court decision varied as to general damages and affirmed/varied as to special damages.

Orders

  • General damages awarded to Perayu RM350000 (100% of liability assessed for quantum purposes)
  • Future care cost awarded RM144000 (RM800 per month for 15 years)