PUA KOK SER DAN 1. LINA BINTI RAFIE 2. MOHD RAHIM BIN OTHMAN

PUA KOK SER DAN 1. LINA BINTI RAFIE 2. MOHD RAHIM BIN OTHMAN

The High Court affirmed the Session Court's finding that the appellant was 100% liable for the accident based on consistent oral testimony, police reports and appellant's admission; general damages awards were upheld; certain special damages were adjusted on the evidence: actual loss of earnings reduced to RM116,480, future loss increased to RM314,496, KTPH treatment costs adjusted to RM27,544.43, family travel increased to RM3,000, motorcycle repair RM2,370, and other contested medical claims rejected for lack of contemporaneous medical support.

Citation
JA-12B-48-07/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Pua Kok Ser; Respondent/plaintiff: Lina binti Rafie; Respondent/plaintiff: Mohd Rahim bin Othman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2021
Case Number
JA-12B-48-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal (re Hearing on Appeal Record)
Legal Topics
Negligence, Damages General and Special, Causation, Apportionment of Liability, Medical Evidence, Quantum of Damages, Following Distance Rule
Source Language
Malay/English
Tort Road Traffic Law Personal Injury Civil Procedure Negligence Damages General and Special Causation Apportionment of Liability +3 more

Case Brief

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Parties

Pua Kok Ser

Appellant/defendant

Lina binti Rafie

Respondent/plaintiff

Mohd Rahim bin Othman

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Appeal (re Hearing on Appeal Record)

Legal Issues

  1. 1 Whether appellant was negligent in causing a rear-end collision
  2. 2 Whether appellant and/or respondent contributed to negligence (apportionment)
  3. 3 Admissibility and weight of medical and police evidence for injuries alleged

Ratio Decidendi

The High Court affirmed the Session Court's finding that the appellant was 100% liable for the accident based on consistent oral testimony, police reports and appellant's admission; general damages awards were upheld; certain special damages were adjusted on the evidence: actual loss of earnings reduced to RM116,480, future loss increased to RM314,496, KTPH treatment costs adjusted to RM27,544.43, family travel increased to RM3,000, motorcycle repair RM2,370, and other contested medical claims rejected for lack of contemporaneous medical support.