Nurul Liyana Binti Ahmad Dawam Mohamad Reedzuan Bin Mohd Nordin

Nurul Liyana Binti Ahmad Dawam Mohamad Reedzuan Bin Mohd Nordin

The High Court reduced the combined award for aortic rupture and haemomediastinum from RM180,000 to RM100,000 because the respondents failed to produce updated specialist IJN reports or cogent evidence showing seriousness, disabilities or future complications to justify RM180,000. The Court held the two hip injuries arise from the same incident and are so closely connected that separate awards overlap; it combined those awards into a single lump sum of RM55,000 (replacing two RM45,000 awards). The RM10,000 award for future osteoarthritis and the RM8,200 for future total hip replacement were retained. The RM13,000 award for revision hip replacement and its associated pain and suffering...

Citation
JA-12B-22-08/2021 (Mahkamah Tinggi)
Parties
Appellant / Defendant (wakil Diri / Pentadbir Harta Pusaka): Nurul Liyana binti Ahmad Dawam; Respondent / Plaintiff: Mohamad Reedzuan bin Mohd Nordin; Respondent / Plaintiff: Afeeya Medinah binti Mohamad Reedzuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 May 2022
Case Number
JA-12B-22-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Motor Accident) / High Court Judgment on Quantum (appeal Heard; Liability Appeal Dismissed)
Outcome
Appeal allowed in part on quantum; appeal on liability dismissed (liability maintained against appellant)
Legal Topics
Liability, Quantum of Damages, Future Medical Costs, Admissibility of Medical Evidence, Overlapping Injuries / Lump Sum Awards, Appellate Review Standard
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Damages Liability Quantum of Damages Future Medical Costs +3 more

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Parties

Nurul Liyana binti Ahmad Dawam

Appellant / Defendant (wakil Diri / Pentadbir Harta Pusaka)

Mohamad Reedzuan bin Mohd Nordin

Respondent / Plaintiff

Afeeya Medinah binti Mohamad Reedzuan

Respondent / Plaintiff

Procedural Posture

Civil Appeal (personal Injury / Motor Accident) / High Court Judgment on Quantum (appeal Heard; Liability Appeal Dismissed)

Legal Issues

  1. 1 Whether the High Court of Sessions erred in awarding RM180,000 for combined aortic rupture and haemomediastinum
  2. 2 Whether separate awards for femoral head fracture and posterior acetabular wall fracture constitute impermissible overlapping and should be combined
  3. 3 Whether award for future osteoarthritis is excessive

Ratio Decidendi

The High Court reduced the combined award for aortic rupture and haemomediastinum from RM180,000 to RM100,000 because the respondents failed to produce updated specialist IJN reports or cogent evidence showing seriousness, disabilities or future complications to justify RM180,000. The Court held the two hip injuries arise from the same incident and are so closely connected that separate awards overlap; it combined those awards into a single lump sum of RM55,000 (replacing two RM45,000 awards). The RM10,000 award for future osteoarthritis and the RM8,200 for future total hip replacement were retained. The RM13,000 award for revision hip replacement and its associated pain and suffering...

Court Disposition

Appeal allowed in part on quantum; appeal on liability dismissed (liability maintained against appellant)

Orders

  • Reduce combined award for aortic rupture and haemomediastinum to RM100,000 lump sum
  • Combine awards for posterior hip dislocation / posterior acetabular wall fracture and femoral head fracture into one lump sum RM55,000 (replacing two awards of RM45,000 each)