KHOR BOON CHAI 1. ) LEE AH MING 2. ) KRISHNAVENI A/P SUPRAMANIAM

KHOR BOON CHAI 1. ) LEE AH MING 2. ) KRISHNAVENI A/P SUPRAMANIAM

The High Court affirmed the Sessions Court: Defendant was 100% liable because the Plaintiff had the right of way and the Defendant failed to stop and give way; there was no evidential basis to find kyphosis; the injury quantum awards fell within established compendium ranges and were not manifestly inadequate; no deduction for living expenses under s.28A was warranted because there was no evidence of living expenses incurred specifically in earning a living; and private medical expenses were reasonable in light of delayed public treatment — accordingly both appeals were dismissed and the Sessions Court judgment affirmed in full.

Citation
PA-12B-64-10/2018 (Mahkamah Tinggi)
Parties
Perayu / Plaintiff (on Appeal): Khor Boon Chai; Respondent / Defendant (on Appeal): Lee Ah Ming; Respondent / Defendant (on Appeal): Krishnaveni a/p Supramaniam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12B-64-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (personal Injury) / Appellate Judgment (high Court)
Outcome
Both appeals dismissed; Sessions Court judgment affirmed in full.
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Loss of Earnings, Medical Expenses, Statutory Deduction for Living Expenses (s.28 a Civil Law Act 1956)
Source Language
Malay/English
Tort Personal Injury Civil Procedure Damages Assessment Negligence Contributory Negligence Quantum of Damages Loss of Earnings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Khor Boon Chai

Perayu / Plaintiff (on Appeal)

Lee Ah Ming

Respondent / Defendant (on Appeal)

Krishnaveni a/p Supramaniam

Respondent / Defendant (on Appeal)

Procedural Posture

Civil Appeal From Sessions Court (personal Injury) / Appellate Judgment (high Court)

Legal Issues

  1. 1 Whether the Defendant was negligent and 100% liable for the collision
  2. 2 Whether the Plaintiff was contributorily negligent
  3. 3 Whether the quantum awarded for the L2 lumbar fracture and left ankle fracture was manifestly low or high

Ratio Decidendi

The High Court affirmed the Sessions Court: Defendant was 100% liable because the Plaintiff had the right of way and the Defendant failed to stop and give way; there was no evidential basis to find kyphosis; the injury quantum awards fell within established compendium ranges and were not manifestly inadequate; no deduction for living expenses under s.28A was warranted because there was no evidence of living expenses incurred specifically in earning a living; and private medical expenses were reasonable in light of delayed public treatment — accordingly both appeals were dismissed and the Sessions Court judgment affirmed in full.

Court Disposition

Both appeals dismissed; Sessions Court judgment affirmed in full.

Orders

  • Dismissed Plaintiff's Appeal PA-12B-64-10/2018
  • Dismissed Defendant's Appeal PA-12B-63-10/2018