1. ) ROSMAN BIN ABDUL HAMID 2. ) RUSMINI BINTI IBRAHIM 1. ) KIRTHIGAN A/L SANGAR 2. ) MHD HAFIZ KARAMI BIN MHD ZAIN

1. ) ROSMAN BIN ABDUL HAMID 2. ) RUSMINI BINTI IBRAHIM 1. ) KIRTHIGAN A/L SANGAR 2. ) MHD HAFIZ KARAMI BIN MHD ZAIN

High Court affirmed the Sessions Court's 50:50 apportionment because conflicting mutually probable versions and lack of independent corroboration left the trial judge's finding unimpeachable; the court declined to disturb most quantum awards as not inordinately low or manifestly excessive, except it found omission of an award for pain and suffering from the spinal surgery to be an error and awarded RM50,000 for that head; life expectancy and one‑third contingency deduction were upheld and special damages were maintained on the evidence presented.

Citation
DA-12B-64-12/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Rosman bin Abdul Hamid; Appellant/plaintiff: Rusmini binti Ibrahim; Respondent/defendant: Kirthigan a/l Sangar; Respondent/defendant: Mhd Hafiz Karami bin Mhd Zain
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 April 2024
Case Number
DA-12B-64-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court (decision on Liability and Quantum)
Outcome
Appeal allowed in part on quantum only; appeal dismissed on liability; liability affirmed at equal apportionment (50:50); award increased only by RM50,000 for pain and suffering; remaining quantum awards by Sessions Court maintained; plaintiffs reserved right to further appeal to Court of Appeal.
Legal Topics
Liability Apportionment, Quantum of Damages, Special Damages, Pain and Suffering, Life Expectancy and Contingency Deduction, Medical Evidence Assessment
Source Language
Malay/English
Torts Negligence Personal Injury Civil Procedure Damages Liability Apportionment Quantum of Damages Special Damages +3 more

Case Brief

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Parties

Rosman bin Abdul Hamid

Appellant/plaintiff

Rusmini binti Ibrahim

Appellant/plaintiff

Kirthigan a/l Sangar

Respondent/defendant

Mhd Hafiz Karami bin Mhd Zain

Respondent/defendant

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court (decision on Liability and Quantum)

Legal Issues

  1. 1 Proper apportionment of liability where conflicting versions exist and no independent corroboration
  2. 2 Appropriate quantum for spinal cord injury and related sequelae (neurogenic bowel/bladder, erectile dysfunction)
  3. 3 Whether pain and suffering for spinal surgery should be awarded

Ratio Decidendi

High Court affirmed the Sessions Court's 50:50 apportionment because conflicting mutually probable versions and lack of independent corroboration left the trial judge's finding unimpeachable; the court declined to disturb most quantum awards as not inordinately low or manifestly excessive, except it found omission of an award for pain and suffering from the spinal surgery to be an error and awarded RM50,000 for that head; life expectancy and one‑third contingency deduction were upheld and special damages were maintained on the evidence presented.

Court Disposition

Appeal allowed in part on quantum only; appeal dismissed on liability; liability affirmed at equal apportionment (50:50); award increased only by RM50,000 for pain and suffering; remaining quantum awards by Sessions Court maintained; plaintiffs reserved right to further appeal to Court of Appeal.

Orders

  • Liability apportioned equally between parties (50:50).
  • Award for spinal cord injury (general damages) maintained at MYR 350000.00 to 1st plaintiff.