SOORIA A/L RAGURAMAN NUR SYAFIQAH BINTI ABDUL LATIF

SOORIA A/L RAGURAMAN NUR SYAFIQAH BINTI ABDUL LATIF

Appeal dismissed. The Sessions Court rightly awarded loss of actual earnings for three months only (RM10,035) because plaintiff failed to prove loss beyond the period supported by evidence (medical leave and work permit cancellation) and failed to prove employment termination was caused by the accident; claim for loss of earning capacity was properly dismissed because medical evidence showed plaintiff able to resume work and there was no corroboration that he was dismissed due to injuries; appellate court will not disturb these factual findings absent demonstrable error.

Citation
JA-12B-34-03/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Sooria a/l Raguraman; Respondent/defendant: Nur Syafiqah binti Abdul Latif
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2022
Case Number
JA-12B-34-03/2020 (Mahkamah Tinggi)
Procedural Posture
Personal Injury (running Down) Civil Appeal / Appeal to High Court From Sessions Court on Quantum Only (re Hearing)
Outcome
Appeal dismissed; decision of Sessions Court upheld
Legal Topics
Loss of Earnings, Loss of Earning Capacity, Quantum Assessment, Admissibility of Documents Under S73 a Evidence Act, Appeal Standard on Findings of Fact
Source Language
Malay/English
Tort Civil Procedure Evidence Loss of Earnings Loss of Earning Capacity Quantum Assessment Admissibility of Documents Under S73 a Evidence Act Appeal Standard on Findings of Fact

Case Brief

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Parties

Sooria a/l Raguraman

Appellant/plaintiff

Nur Syafiqah binti Abdul Latif

Respondent/defendant

Procedural Posture

Personal Injury (running Down) Civil Appeal / Appeal to High Court From Sessions Court on Quantum Only (re Hearing)

Legal Issues

  1. 1 Whether loss of pre-trial income should be awarded for 35 months or limited to 3 months
  2. 2 Whether claim for loss of earning capacity is established
  3. 3 Whether employer documents admissible and sufficient under s73A Evidence Act 1950 in absence of employer testimony

Ratio Decidendi

Appeal dismissed. The Sessions Court rightly awarded loss of actual earnings for three months only (RM10,035) because plaintiff failed to prove loss beyond the period supported by evidence (medical leave and work permit cancellation) and failed to prove employment termination was caused by the accident; claim for loss of earning capacity was properly dismissed because medical evidence showed plaintiff able to resume work and there was no corroboration that he was dismissed due to injuries; appellate court will not disturb these factual findings absent demonstrable error.

Court Disposition

Appeal dismissed; decision of Sessions Court upheld

Orders

  • Appeal dismissed and judgment of Sessions Court upheld