MOHD NAIM BIN ABDULLAH 1. ) MUHAMMAD ZULKIFLEE BIN ANWAR 2. ) ROSMANIDAR BINTI RUSLI

MOHD NAIM BIN ABDULLAH 1. ) MUHAMMAD ZULKIFLEE BIN ANWAR 2. ) ROSMANIDAR BINTI RUSLI

The Court of Appeal upheld the findings of the trial and high courts that liability for the collision is apportioned 50:50 between the rider and the motorcar driver based on the totality of witness evidence and exhibits; the awards for general damages (RM861,000.00) and special damages including future institutional nursing care (RM2,766,791.25) were lawfully and reasonably assessed and are affirmed; the specified nursing care sum is to be paid into Amanah Raya Berhad and the plaintiff is to be placed in Columbia Hospital within three months, with each party to bear their own costs.

Citation
C-04(W)-592-12/2022 (Mahkamah Rayuan)
Parties
Perayu / Defendan (appellant / Defendant): Mohd Naim bin Abdullah; Respondent 1 / Plaintiff 1: Muhammad Zulkiflee bin Anwar; Respondent 2 / Plaintiff 2 (mother and Litigation Representative): Rosmanidar binti Rusli
Court
W
Jurisdiction
Malaysia
Judgment Date
11 December 2023
Case Number
C-04(W)-592-12/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (motor Vehicle Personal Injury) / Court of Appeal Judgment on Appeal From High Court and Sessions Court
Outcome
Appeal dismissed in respect of liability and quantum; lower courts' awards and orders upheld
Legal Topics
Liability Apportionment, Quantum of General Damages, Award for Future Nursing Care, Onus of Proof, Trust Payment for Damages
Source Language
Malay/English
Negligence Personal Injury Civil Damages Motor Vehicle Accidents Evidence and Appellate Review Liability Apportionment Quantum of General Damages Award for Future Nursing Care +2 more

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Parties

Mohd Naim bin Abdullah

Perayu / Defendan (appellant / Defendant)

Muhammad Zulkiflee bin Anwar

Respondent 1 / Plaintiff 1

Rosmanidar binti Rusli

Respondent 2 / Plaintiff 2 (mother and Litigation Representative)

Procedural Posture

Civil Appeal (motor Vehicle Personal Injury) / Court of Appeal Judgment on Appeal From High Court and Sessions Court

Legal Issues

  1. 1 Whether defendant was negligent and appropriate apportionment of liability between rider and motorcar driver
  2. 2 Whether general damages awarded were appropriate
  3. 3 Whether the future nursing care award of RM2,766,791.25 for institutional care was excessive or should be replaced by home care

Ratio Decidendi

The Court of Appeal upheld the findings of the trial and high courts that liability for the collision is apportioned 50:50 between the rider and the motorcar driver based on the totality of witness evidence and exhibits; the awards for general damages (RM861,000.00) and special damages including future institutional nursing care (RM2,766,791.25) were lawfully and reasonably assessed and are affirmed; the specified nursing care sum is to be paid into Amanah Raya Berhad and the plaintiff is to be placed in Columbia Hospital within three months, with each party to bear their own costs.

Court Disposition

Appeal dismissed in respect of liability and quantum; lower courts' awards and orders upheld

Orders

  • Appellant's appeal against liability (50:50 apportionment) dismissed
  • Appellant's appeal against quantum dismissed; awards of general damages RM861,000.00 and special damages upheld