LEE KAH WAI (seorang yang ketidakeupayaan disebabkan kecederaan otak yang mendakwa melalui wakil litigasi dan ibunya yang sah iaitu Lim Mei Choo) LIM MEI CHOO ABD SAMAD BIN MURUAN APES HOLIDAYS SDN BHD

LEE KAH WAI (seorang yang ketidakeupayaan disebabkan kecederaan otak yang mendakwa melalui wakil litigasi dan ibunya yang sah iaitu Lim Mei Choo) LIM MEI CHOO ABD SAMAD BIN MURUAN APES HOLIDAYS SDN BHD

The High Court held the Sessions Court's factual findings on liability were supported by direct and silent evidence (witness testimony, police sketch, photographs, vehicle damage, investigating officer) and not plainly wrong, thus affirming 100% liability; it found legal error in the trial judge's deduction of one-third for living expenses from future earnings and in failing to apply a one-third discount for contingencies to the multiplier for future supervisory care, and revised the quantum accordingly (increasing post-trial loss of earnings to RM630,120 and reducing post-trial supervisory care to RM244,800), with costs orders as stated.

Citation
BA-12B-9-01/2020 (Mahkamah Tinggi)
Parties
1st Defendant / Appellant: ABD SAMAD BIN MURUAN; 2nd Defendant / Appellant: APES HOLIDAYS SDN BHD; 1st Plaintiff / Respondent: LEE KAH WAI; 2nd Plaintiff / Respondent: LIM MEI CHOO
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 September 2020
Case Number
BA-12B-9-01/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / High Court Judgment on Appeals
Outcome
Appeal(s) allowed in part and dismissed in part; Sessions Court judgment on liability affirmed; quantum varied as detailed.
Legal Topics
Motor Vehicle Accident, Liability Apportionment, Quantum of Damages, Plainly Wrong Test, Future Care, Loss of Earnings
Source Language
Malay/English
Tort Personal Injury Negligence Civil Procedure Damages Appeal Motor Vehicle Accident Liability Apportionment +4 more

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Parties

ABD SAMAD BIN MURUAN

1st Defendant / Appellant

APES HOLIDAYS SDN BHD

2nd Defendant / Appellant

LEE KAH WAI

1st Plaintiff / Respondent

LIM MEI CHOO

2nd Plaintiff / Respondent

Procedural Posture

Civil Appeal (personal Injury) / High Court Judgment on Appeals

Legal Issues

  1. 1 Whether the 1st Defendant was negligent and liable for the collision
  2. 2 Appropriate quantum for general damages for head and limb injuries
  3. 3 Calculation of pre-trial and post-trial loss of earnings and deduction for living expenses

Ratio Decidendi

The High Court held the Sessions Court's factual findings on liability were supported by direct and silent evidence (witness testimony, police sketch, photographs, vehicle damage, investigating officer) and not plainly wrong, thus affirming 100% liability; it found legal error in the trial judge's deduction of one-third for living expenses from future earnings and in failing to apply a one-third discount for contingencies to the multiplier for future supervisory care, and revised the quantum accordingly (increasing post-trial loss of earnings to RM630,120 and reducing post-trial supervisory care to RM244,800), with costs orders as stated.

Court Disposition

Appeal(s) allowed in part and dismissed in part; Sessions Court judgment on liability affirmed; quantum varied as detailed.

Orders

  • Defendants' appeal on liability dismissed; Sessions Court finding of 100% liability against Defendants affirmed.
  • Post-trial supervisory care reduced from RM367,200.00 to RM244,800.00 (reduction RM122,400.00).