LIM SIL HAO SELVARAJAH A/L PERUMAL

LIM SIL HAO SELVARAJAH A/L PERUMAL

The appellate court upheld the Sessions Court's general and special damages except where the claimant failed to justify private hospital costs and where statutory formula applied for future earnings; therefore private medical costs were reduced to one‑third in the absence of justification and loss of future earnings was awarded using s.28A (years' purchase 3.5, multiplicand 2/3 of RM1,060 yielding RM29,680); other awards were not so inordinately high or low as to warrant interference.

Citation
BA-12B-169-12/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant (perayu): Lim Sil Hao; Respondent/plaintiff: Selvarajah A/L Perumal
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 December 2020
Case Number
BA-12B-169-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Running Down) / Appeal and Cross‑appeal on Quantum (liability Abandoned by Appellant)
Outcome
Appeal and cross‑appeal partially allowed in part and otherwise dismissed; most Sessions Court awards affirmed with specified reductions and adjustments.
Legal Topics
Negligence, Assessment of Damages, Loss of Future Earnings, Medical Expenses Recovery, Appeal Standards for Quantum
Source Language
Malay/English
Tort Personal Injury Civil Procedure Employment Law Negligence Assessment of Damages Loss of Future Earnings Medical Expenses Recovery +1 more

Case Brief

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Parties

Lim Sil Hao

Appellant/defendant (perayu)

Selvarajah A/L Perumal

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury / Running Down) / Appeal and Cross‑appeal on Quantum (liability Abandoned by Appellant)

Legal Issues

  1. 1 Whether the Sessions Court's awards on quantum were manifestly excessive or inadequate
  2. 2 Whether loss of future earnings/loss of earning capacity should be awarded and how to calculate it
  3. 3 Whether full private hospital medical costs are recoverable absent justification

Ratio Decidendi

The appellate court upheld the Sessions Court's general and special damages except where the claimant failed to justify private hospital costs and where statutory formula applied for future earnings; therefore private medical costs were reduced to one‑third in the absence of justification and loss of future earnings was awarded using s.28A (years' purchase 3.5, multiplicand 2/3 of RM1,060 yielding RM29,680); other awards were not so inordinately high or low as to warrant interference.

Court Disposition

Appeal and cross‑appeal partially allowed in part and otherwise dismissed; most Sessions Court awards affirmed with specified reductions and adjustments.

Orders

  • Hospitalisation and private medical costs reduced to one‑third of RM52,173 resulting in RM17,390 award
  • Loss of future earnings awarded at RM29,680 calculated under s.28A of the Civil Law Act 1956 (years' purchase 3.5; multiplicand 2/3 of RM1,060)