LIM A/L DIN GEN DAKRIM BIN DAUD

LIM A/L DIN GEN DAKRIM BIN DAUD

High Court found the trial court erred in rejecting independent eyewitness evidence and mischaracterising inconsistencies; on balance of probabilities the defendant Lim was 100% negligent for turning into Dakrim's path. The High Court upheld most damage awards but adjusted closed fracture of right fibula to RM20,000 and awarded future loss of earnings at RM1,464,900; costs to plaintiff (Dakrim) on scale subject to allocatur; defendant's (Lim) appeal dismissed.

Citation
BA-12B-81-11/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant in Sessions Court: Lim a/l Din Gen; Appellant / Plaintiff in Sessions Court: Dakrim bin Daud
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 October 2024
Case Number
BA-12B-81-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Motor Accident) / High Court (appeal From Sessions Court) Decision
Outcome
Plaintiff (Dakrim) appeal allowed in part; Defendant (Lim) appeal dismissed.
Legal Topics
Liability Apportionment, Contributory Negligence, Quantum of Damages, Future Loss of Earnings, Credibility of Witnesses, Costs
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Damages Liability Apportionment Contributory Negligence Quantum of Damages +3 more

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Parties

Lim a/l Din Gen

Appellant / Defendant in Sessions Court

Dakrim bin Daud

Appellant / Plaintiff in Sessions Court

Procedural Posture

Civil Appeal (personal Injury / Motor Accident) / High Court (appeal From Sessions Court) Decision

Legal Issues

  1. 1 Whether liability should be apportioned between parties or be 100% on Lim
  2. 2 Whether trial court erred in rejecting eyewitness evidence (SP2, SP5)
  3. 3 Appropriate quantum for general and special damages including closed fracture of fibula

Ratio Decidendi

High Court found the trial court erred in rejecting independent eyewitness evidence and mischaracterising inconsistencies; on balance of probabilities the defendant Lim was 100% negligent for turning into Dakrim's path. The High Court upheld most damage awards but adjusted closed fracture of right fibula to RM20,000 and awarded future loss of earnings at RM1,464,900; costs to plaintiff (Dakrim) on scale subject to allocatur; defendant's (Lim) appeal dismissed.

Court Disposition

Plaintiff (Dakrim) appeal allowed in part; Defendant (Lim) appeal dismissed.

Orders

  • Liability reversed to 100% against Lim a/l Din Gen (Lim wholly negligent)
  • General damages for pain and suffering maintained at RM330,500.00