Ng Hock Guan 1. Lee Lai Yin 2. Lau Chee Wai

Ng Hock Guan 1. Lee Lai Yin 2. Lau Chee Wai

On the evidence the court found both parties negligent: plaintiff rode too fast and failed to keep a safe distance (80% liable) while D1 slowed to enter the PPD (20% liable); general damages for head injury were increased to RM80,000 as the RM60,000 award was insufficient; claims for loss of income, loss of earning capacity, future earnings and cost of nursing care were dismissed for lack of cogent proof; appellate intervention was justified because the trial judge failed to account for the slowing down evidence and other probabilities of the case.

Citation
AB12BNCVC-6-09/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ng Hock Guan; Respondent/first Defendant: Lee Lai Yin; Respondent/second Defendant/owner: Lau Chee Wai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2021
Case Number
AB12BNCVC-6-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal to High Court (appeal From Sessions Court) / Judgment on Appeal (high Court, Taiping)
Outcome
Appeal allowed in part; judgment for plaintiff with apportionment of liability 80% plaintiff and 20% defendants; general damages increased to RM80,000; other heads of claim dismissed.
Legal Topics
Negligence, Apportionment of Liability, Assessment of Damages (general Damages), Loss of Earnings and Earning Capacity, Cost of Nursing Care, Pleading Requirements, Appellate Intervention
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Evidence Civil Procedure Negligence Apportionment of Liability Assessment of Damages (general Damages) +4 more

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Parties

Ng Hock Guan

Appellant/plaintiff

Lee Lai Yin

Respondent/first Defendant

Lau Chee Wai

Respondent/second Defendant/owner

Procedural Posture

Civil Appeal to High Court (appeal From Sessions Court) / Judgment on Appeal (high Court, Taiping)

Legal Issues

  1. 1 Whether defendant was negligent and whether plaintiff contributed to the accident
  2. 2 Proper apportionment of liability between parties
  3. 3 Appropriate quantum for general damages for head injury

Ratio Decidendi

On the evidence the court found both parties negligent: plaintiff rode too fast and failed to keep a safe distance (80% liable) while D1 slowed to enter the PPD (20% liable); general damages for head injury were increased to RM80,000 as the RM60,000 award was insufficient; claims for loss of income, loss of earning capacity, future earnings and cost of nursing care were dismissed for lack of cogent proof; appellate intervention was justified because the trial judge failed to account for the slowing down evidence and other probabilities of the case.

Court Disposition

Appeal allowed in part; judgment for plaintiff with apportionment of liability 80% plaintiff and 20% defendants; general damages increased to RM80,000; other heads of claim dismissed.

Orders

  • Judgment for plaintiff subject to apportionment: plaintiff 80% liable, defendants 20% liable
  • General damages awarded RM80,000 to plaintiff