CHAI SENG KUEY GINA CHAN CHING PENG sebagai ibu yang sah dan penanggungan kepada ELISA TAN XIN ER simati, untuk diri sendirir

CHAI SENG KUEY GINA CHAN CHING PENG sebagai ibu yang sah dan penanggungan kepada ELISA TAN XIN ER simati, untuk diri sendirir

The High Court dismissed the appeal because the trial court had properly evaluated and accepted credible and unchallenged evidence that the deceased had two sources of income and provided RM5,000 monthly to the claimant, the statutory multiplier of 16 years applied for a deceased under 30, and there was no demonstration that the trial judge acted on any wrong principle or made an unreasonable assessment of damages to justify appellate intervention.

Citation
JA-12B-32-05/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Chai Seng Kuey; Respondent / Plaintiff: Gina Chan Ching Peng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2025
Case Number
JA-12B-32-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (from Sessions Court) / High Court Determination on Quantum of Damages
Outcome
Appeal dismissed; decision of Sessions Court upheld
Legal Topics
Loss of Support, Quantum of Damages, Contributory Negligence, Judicial Appreciation of Evidence
Source Language
Malay/English
Tort Motor Vehicle Accident Damages Civil Procedure Loss of Support Quantum of Damages Contributory Negligence Judicial Appreciation of Evidence

Case Brief

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Parties

Chai Seng Kuey

Appellant / Defendant

Gina Chan Ching Peng

Respondent / Plaintiff

Procedural Posture

Civil Appeal (from Sessions Court) / High Court Determination on Quantum of Damages

Legal Issues

  1. 1 Whether the trial court's quantum for loss of support was excessive or based on wrong principle
  2. 2 Whether the trial court misappreciated or misconstrued material evidence regarding the deceased's income sources and monthly support to claimant
  3. 3 Whether the statutory multiplier under s7(3)(iv)(d) Civil Law Act 1956 was correctly applied

Ratio Decidendi

The High Court dismissed the appeal because the trial court had properly evaluated and accepted credible and unchallenged evidence that the deceased had two sources of income and provided RM5,000 monthly to the claimant, the statutory multiplier of 16 years applied for a deceased under 30, and there was no demonstration that the trial judge acted on any wrong principle or made an unreasonable assessment of damages to justify appellate intervention.

Court Disposition

Appeal dismissed; decision of Sessions Court upheld

Orders

  • Appeal dismissed
  • Decision of the Sessions Court upheld