1. ) SAFIEE BIN DERANI 2. ) T.S.T LOGISTICS SDN BHD NAZIR FIKRI BIN NAYAN

1. ) SAFIEE BIN DERANI 2. ) T.S.T LOGISTICS SDN BHD NAZIR FIKRI BIN NAYAN

The High Court upheld the Sessions Court's factual findings and apportionment of liability (90% defendants, 10% plaintiff) because the trial judge's findings were supported by evidence and proper legal principles; the court upheld the general and most special damages but increased the award for care-related items from RM290,117.00 to RM752,842.00 based on unchallenged expert evidence, and ordered costs as stated.

Citation
PA-12B-30-10/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Appellant: Safiee bin Derani; Plaintiff / Appellant: T.S.T Logistics Sdn Bhd; Defendant / Respondent: Nazir Fikri bin Nayan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2024
Case Number
PA-12B-30-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Road Traffic Accident) / High Court Hearing of Appeals From Sessions Court Judgment
Outcome
Defendant's appeal PA-12B-30-10/2023 dismissed. Plaintiff's appeal PA-12B-31-10/2023 dismissed on liability but allowed in part on quantum to increase care-item award. Sessions Court awards otherwise upheld.
Legal Topics
Liability Apportionment, Contributory Negligence, Quantum of Damages, Future Care Costs, Appeal Review of Factual Findings, Costs
Source Language
Malay/English
Tort Personal Injury Negligence Road Traffic Law Civil Procedure Liability Apportionment Contributory Negligence Quantum of Damages +3 more

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Parties

Safiee bin Derani

Plaintiff / Appellant

T.S.T Logistics Sdn Bhd

Plaintiff / Appellant

Nazir Fikri bin Nayan

Defendant / Respondent

Procedural Posture

Civil Appeal (personal Injury Road Traffic Accident) / High Court Hearing of Appeals From Sessions Court Judgment

Legal Issues

  1. 1 Whether the Sessions Court correctly apportioned liability between the parties
  2. 2 Whether the Sessions Court award for general and special damages was excessive or required interference
  3. 3 Whether appeals court should disturb trial court findings of fact and evaluation of evidence

Ratio Decidendi

The High Court upheld the Sessions Court's factual findings and apportionment of liability (90% defendants, 10% plaintiff) because the trial judge's findings were supported by evidence and proper legal principles; the court upheld the general and most special damages but increased the award for care-related items from RM290,117.00 to RM752,842.00 based on unchallenged expert evidence, and ordered costs as stated.

Court Disposition

Defendant's appeal PA-12B-30-10/2023 dismissed. Plaintiff's appeal PA-12B-31-10/2023 dismissed on liability but allowed in part on quantum to increase care-item award. Sessions Court awards otherwise upheld.

Orders

  • Rayuan Defendan No. PA-12B-30-10/2023 ditolak dengan kos sebanyak RM3,000.00
  • Rayuan Plaintif No. PA-12B-31-10/2023 atas isu liabiliti ditolak