1. ) Mohd Fazely Bin Md Taha 2. ) Nur Hidayah Hamizah Bte Mohd Ruba'i 1. ) Gan Seng Giap 2. ) Yeong Siew Ching

1. ) Mohd Fazely Bin Md Taha 2. ) Nur Hidayah Hamizah Bte Mohd Ruba'i 1. ) Gan Seng Giap 2. ) Yeong Siew Ching

The appellate court held the Sessions Court's core awards were largely within acceptable ranges but required adjustment: the RM400,000 general damages for complete traumatic spinal cord injury was upheld as within the Compendium range; however overlapping injuries justified a 10% global deduction producing RM410,400; loss of earnings required deduction of admitted living expenses and recalculation yielding RM475,527.50; future care should be awarded for home care at RM3,500/month over a 19-year post-trial period (accounting for reduced life expectancy and contingencies) giving RM798,000; ambulance and equipment costs were adjusted for correct frequency and duration; the interim payment of...

Citation
JA-12B-35-06/2025 (Mahkamah Tinggi)
Parties
Appellant (defendant at Trial): Mohd Fazely bin Md Taha; Appellant (defendant at Trial): Nur Hidayah Hamizah bte Mohd Ruba'i; Appellant (plaintiff at Trial): Gan Seng Giap; Appellant (plaintiff at Trial): Yeong Siew Ching
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 March 2026
Case Number
JA-12B-35-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (consolidated) / Determination of Quantum on Appeal From Sessions Court Judgment
Outcome
Appeals allowed in part: Defendants' appeal JA-12B-35-06/2025 allowed in part; Plaintiffs' appeal JA-12B-36-06/2025 allowed in part; Sessions Court awards varied as specified
Legal Topics
Motor Vehicle Accident, Quantum of Damages, Future Care Costs, Loss of Earnings, Overlap/global Awards, Pre Judgment Interest on Future Losses, Deduction of Interim Payments
Source Language
Malay/English
Tort Personal Injury Civil Procedure Evidence Motor Vehicle Accident Quantum of Damages Future Care Costs Loss of Earnings +3 more

Case Brief

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Parties

Mohd Fazely bin Md Taha

Appellant (defendant at Trial)

Nur Hidayah Hamizah bte Mohd Ruba'i

Appellant (defendant at Trial)

Gan Seng Giap

Appellant (plaintiff at Trial)

Yeong Siew Ching

Appellant (plaintiff at Trial)

Procedural Posture

Civil Appeal (consolidated) / Determination of Quantum on Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Appropriateness of award for traumatic spinal cord injury
  2. 2 Application of global award and overlapping deduction
  3. 3 Calculation of loss of earnings (multiplicand, deduction for living expenses, multiplier)

Ratio Decidendi

The appellate court held the Sessions Court's core awards were largely within acceptable ranges but required adjustment: the RM400,000 general damages for complete traumatic spinal cord injury was upheld as within the Compendium range; however overlapping injuries justified a 10% global deduction producing RM410,400; loss of earnings required deduction of admitted living expenses and recalculation yielding RM475,527.50; future care should be awarded for home care at RM3,500/month over a 19-year post-trial period (accounting for reduced life expectancy and contingencies) giving RM798,000; ambulance and equipment costs were adjusted for correct frequency and duration; the interim payment of...

Court Disposition

Appeals allowed in part: Defendants' appeal JA-12B-35-06/2025 allowed in part; Plaintiffs' appeal JA-12B-36-06/2025 allowed in part; Sessions Court awards varied as specified

Orders

  • Spinal cord general damages of RM400000.00 upheld for Plaintiff First
  • Global general damages for all injuries adjusted to RM410400.00 after 10% overlapping deduction