1. ) RAJA MOHD ZANI BIN RAJA YUSOFF 2. ) RAJA MUHAMMAD FAIZ HAIQAL BIN RAJA MOHD ZAIN Amran Bin Mohd Amin (Seorang Bapa Dan Waris Kadim Yang Sah Dan Sebenar Kepada Muhammad Aqil Irsyad Bin Amran - Simati)

1. ) RAJA MOHD ZANI BIN RAJA YUSOFF 2. ) RAJA MUHAMMAD FAIZ HAIQAL BIN RAJA MOHD ZAIN Amran Bin Mohd Amin (Seorang Bapa Dan Waris Kadim Yang Sah Dan Sebenar Kepada Muhammad Aqil Irsyad Bin Amran - Simati)

Insufficient credible evidence to determine precise manner of the collision led the court to apportion liability equally between the parties (50% each). The court reduced the general damages for severe traumatic brain injury to RM200,000 (subject to a 40% reduction noted by the court) based on compendium guidance and case law. The respondent's claim for home caregiver costs was allowed in part (RM7,750) despite lack of receipts, on the basis of expert reports and judicial notice of the claimant's bedridden condition and family circumstances. Costs of this appeal were ordered to be borne by the parties themselves and Sessions Court costs to follow the apportioned liability.

Citation
DA-12B-35-08/2019 (Mahkamah Tinggi)
Parties
Appellant (owner): Raja Mohd Zaini bin Raja Yusoff; Appellant (rider): Raja Muhammad Faiz Haiqal bin Raja Mohd Zaini; Respondent (father and Lawful Heir): Amran bin Mohd Amin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 September 2021
Case Number
DA-12B-35-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Accident / Personal Injury) / High Court Appeal From Sessions Court Judgment
Outcome
Appeal allowed in part; cross-appeal allowed in part; Sessions Court judgment set aside insofar as liability and quantum
Legal Topics
Liability Apportionment, Quantum of General Damages, Special Damages (caregiver Costs), Costs
Source Language
Malay/English
Tort Motor Accidents Personal Injury Civil Procedure Liability Apportionment Quantum of General Damages Special Damages (caregiver Costs) Costs

Case Brief

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Parties

Raja Mohd Zaini bin Raja Yusoff

Appellant (owner)

Raja Muhammad Faiz Haiqal bin Raja Mohd Zaini

Appellant (rider)

Amran bin Mohd Amin

Respondent (father and Lawful Heir)

Procedural Posture

Civil Appeal (motor Accident / Personal Injury) / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether appellants are 100% liable or liability should be apportioned
  2. 2 Whether the award for severe traumatic brain injury is excessive
  3. 3 Whether respondent is entitled to special damages for full-time home caregiver costs after discharge

Ratio Decidendi

Insufficient credible evidence to determine precise manner of the collision led the court to apportion liability equally between the parties (50% each). The court reduced the general damages for severe traumatic brain injury to RM200,000 (subject to a 40% reduction noted by the court) based on compendium guidance and case law. The respondent's claim for home caregiver costs was allowed in part (RM7,750) despite lack of receipts, on the basis of expert reports and judicial notice of the claimant's bedridden condition and family circumstances. Costs of this appeal were ordered to be borne by the parties themselves and Sessions Court costs to follow the apportioned liability.

Court Disposition

Appeal allowed in part; cross-appeal allowed in part; Sessions Court judgment set aside insofar as liability and quantum

Orders

  • Liability apportioned 50% to appellants and 50% to respondent
  • General damages for severe traumatic brain injury set at RM200000 (subject to 40% reduction as applied by the court)