AZMAN BIN MOHAMAD MOHD. FARID BIN MISRON

AZMAN BIN MOHAMAD MOHD. FARID BIN MISRON

Appeal allowed in part: trial judge's finding of 100% liability set aside and reallocated 70% to defendant and 30% contributory negligence to plaintiff; several items of damages were excessive or unsupported and were reduced or disallowed leading to amended total award of RM280,060.00, with defendant's payable share after apportionment RM196,042.00; late filed appellant documents were excluded and oral address limited; costs of the appeal ordered each party to bear their own costs; specified interest rates applied as stated.

Citation
JA-12B-44-07/2025 (Mahkamah Tinggi)
Parties
Appellant/defendant: Azman bin Mohamad; Respondent/plaintiff: Mohd. Farid bin Misron
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 March 2026
Case Number
JA-12B-44-07/2025 (Mahkamah Tinggi)
Procedural Posture
Appeal From Sessions Court (civil) / Determination on Appeal (rehearing Under Order 55)
Outcome
Appeal allowed in part; Sessions Court decision varied on liability and quantum
Legal Topics
Liability Apportionment, Quantum of Damages, Contributory Negligence, Non Compliance With Case Management Orders, Interest on Judgment, Costs
Source Language
Malay/English
Tort Road Traffic Accident Personal Injury Civil Procedure Professional Conduct Liability Apportionment Quantum of Damages Contributory Negligence +3 more

Case Brief

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Parties

Azman bin Mohamad

Appellant/defendant

Mohd. Farid bin Misron

Respondent/plaintiff

Procedural Posture

Appeal From Sessions Court (civil) / Determination on Appeal (rehearing Under Order 55)

Legal Issues

  1. 1 Whether the trial judge erred in allocating 100% liability to defendant
  2. 2 Whether plaintiff was contributorily negligent and by what percentage
  3. 3 Whether several items of quantum awarded by trial court were excessive or unsupported

Ratio Decidendi

Appeal allowed in part: trial judge's finding of 100% liability set aside and reallocated 70% to defendant and 30% contributory negligence to plaintiff; several items of damages were excessive or unsupported and were reduced or disallowed leading to amended total award of RM280,060.00, with defendant's payable share after apportionment RM196,042.00; late filed appellant documents were excluded and oral address limited; costs of the appeal ordered each party to bear their own costs; specified interest rates applied as stated.

Court Disposition

Appeal allowed in part; Sessions Court decision varied on liability and quantum

Orders

  • Defendant liable for 70% and plaintiff contributory negligence 30%
  • Total amended award RM280,060.00 as per court's schedule and reasons