Tan Hak Lim 1. Mohd Noor Hezam Shah Bin Jamil 2. Maizatul Azura Binti Juhari

Tan Hak Lim 1. Mohd Noor Hezam Shah Bin Jamil 2. Maizatul Azura Binti Juhari

The Sessions Court's factual findings that the Defendant encroached onto the Plaintiffs' lane and was 100% liable were supported by the evidence (police report, photographs, absence of brake marks and witness testimony) and not plainly wrong; the quantum awards, though some on the high side, were not manifestly excessive; therefore the appeal is dismissed and the lower court's orders stand.

Citation
JA-12B-58-11/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Tan Hak Lim; Respondent/plaintiff: Mohd Noor Hezam Shah bin Jamil; Respondent/plaintiff: Maizatul Azura binti Juhari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2020
Case Number
JA-12B-58-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Appellate Review of Findings of Fact
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Negligence Contributory Negligence Quantum of Damages Appellate Review of Findings of Fact

Case Brief

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Parties

Tan Hak Lim

Appellant/defendant

Mohd Noor Hezam Shah bin Jamil

Respondent/plaintiff

Maizatul Azura binti Juhari

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the Defendant was liable for the road traffic accident
  2. 2 Whether the 1st Plaintiff was contributorily negligent
  3. 3 Whether the awards of damages by the Sessions Court were excessive and warrant appellate interference

Ratio Decidendi

The Sessions Court's factual findings that the Defendant encroached onto the Plaintiffs' lane and was 100% liable were supported by the evidence (police report, photographs, absence of brake marks and witness testimony) and not plainly wrong; the quantum awards, though some on the high side, were not manifestly excessive; therefore the appeal is dismissed and the lower court's orders stand.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on both liability and quantum
  • Costs awarded to Respondents in the sum of RM5,000 subject to allocator fees