MOHAMAD ZAMRI BIN ABDUL RAHMAN 1. ) Wakil Diri Kepada Harta Pusaka Si Mati, Allahyarham Azian Bin Nizu 2. ) ANUDI BIN HAMID

MOHAMAD ZAMRI BIN ABDUL RAHMAN 1. ) Wakil Diri Kepada Harta Pusaka Si Mati, Allahyarham Azian Bin Nizu 2. ) ANUDI BIN HAMID

The appellate court found the appellant's account consistent with investigative evidence (skid marks, debris and point of impact) and concluded the deceased vehicle entered appellant's lane; liability was set at 100% against the deceased's estate. The court adjusted the quantum upward on multiple pleaded heads, separating discrete items (eg chronic osteomyelitis and bone grafting) and applying established compendia and case law to fix amounts and durations (notably 60 months for nursing care and physiotherapy), awarded interest and costs.

Citation
DA-12B-11-06/2020 (Mahkamah Tinggi)
Parties
Perayu (appellant): Mohamad Zamri bin Abd Rahman; Respondent 1 (deceased's Estate): Wakil Diri kepada Harta Pusaka Allahyarham Azian bin Nizu; Respondent 2: Anudi bin Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 July 2022
Case Number
DA-12B-11-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal — Personal Injury (road Traffic Accident) / Appeal From Sessions Court Judgment on Liability and Quantum
Outcome
Appeal allowed in part. Sessions Court findings on liability and specified quantum items set aside and replaced with appellate court awards.
Legal Topics
Liability Apportionment, Quantum of Damages, Special Damages, Interest, Costs
Source Language
Malay/English
Tort Personal Injury Road Traffic Accident Civil Procedure Liability Apportionment Quantum of Damages Special Damages Interest +1 more

Case Brief

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Parties

Mohamad Zamri bin Abd Rahman

Perayu (appellant)

Wakil Diri kepada Harta Pusaka Allahyarham Azian bin Nizu

Respondent 1 (deceased's Estate)

Anudi bin Hamid

Respondent 2

Procedural Posture

Civil Appeal — Personal Injury (road Traffic Accident) / Appeal From Sessions Court Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether Sessions Court erred in apportioning liability
  2. 2 Whether awards for specific heads of damages were reasonable and adequately supported
  3. 3 Whether certain items ought to be allowed separately (eg chronic osteomyelitis, bone grafting)

Ratio Decidendi

The appellate court found the appellant's account consistent with investigative evidence (skid marks, debris and point of impact) and concluded the deceased vehicle entered appellant's lane; liability was set at 100% against the deceased's estate. The court adjusted the quantum upward on multiple pleaded heads, separating discrete items (eg chronic osteomyelitis and bone grafting) and applying established compendia and case law to fix amounts and durations (notably 60 months for nursing care and physiotherapy), awarded interest and costs.

Court Disposition

Appeal allowed in part. Sessions Court findings on liability and specified quantum items set aside and replaced with appellate court awards.

Orders

  • Liability fixed 100% against Respondent 1 (deceased's estate)
  • General damages for multiple surgical scars awarded RM15,000