1. ) 1. SABRI BIN ABDUL TALIB 2. VT LOGISTICS (M) SDN. BHD. (Company No: 653100-U) 2. ) TIONG MEE KOOI

1. ) 1. SABRI BIN ABDUL TALIB 2. VT LOGISTICS (M) SDN. BHD. (Company No: 653100-U) 2. ) TIONG MEE KOOI

Trial judge's adverse credibility finding against plaintiff and corroboration of defendants' contemporaneous police report and witnesses established that plaintiff's negligence caused the accident; appellate court therefore allowed defendants' appeal on liability making plaintiff 100% liable; on quantum the court increased loss of earning capacity to MYR240,000 applying the Sivakumar multiplier approach and set aside awards for future total knee replacement and overlapping future surgery costs while otherwise upholding the Sessions Court's awards where not shown to be erroneous.

Citation
JA-12B-52-07/2020 & JA-12B-53-07/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Sabri bin Abdul Talib; Appellant/defendant: VT Logistics (M) Sdn. Bhd.; Respondent/plaintiff: Tiong Mee Kooi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 October 2021
Case Number
JA-12B-52-07/2020 & JA-12B-53-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (personal Injury/road Traffic) / Judgment on Appeal (liability and Quantum)
Outcome
Defendants' appeal on liability allowed; Plaintiff's appeal dismissed on liability. On quantum, Plaintiff's appeal allowed only on loss of earning capacity (increased); Defendants' appeal allowed only to set aside award for total knee replacement and overlapping future surgery costs; other awards upheld.
Legal Topics
Negligence, Apportionment of Liability, Quantum of Damages, Admissibility of Prior Statements and Documentary Evidence, Loss of Earning Capacity, Obstruction Under Road Traffic Rules
Source Language
Malay/English
Tort Personal Injury Evidence Road Traffic Regulation Negligence Apportionment of Liability Quantum of Damages Admissibility of Prior Statements and Documentary Evidence +2 more

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Parties

Sabri bin Abdul Talib

Appellant/defendant

VT Logistics (M) Sdn. Bhd.

Appellant/defendant

Tiong Mee Kooi

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court (personal Injury/road Traffic) / Judgment on Appeal (liability and Quantum)

Legal Issues

  1. 1 Whether plaintiff or defendants were negligent and proper apportionment of liability
  2. 2 Credibility of plaintiff versus corroboration of defendant by contemporaneous police report and witnesses
  3. 3 Admissibility and weight of police reports and business/earning documents under Evidence Act s157 and s73A

Ratio Decidendi

Trial judge's adverse credibility finding against plaintiff and corroboration of defendants' contemporaneous police report and witnesses established that plaintiff's negligence caused the accident; appellate court therefore allowed defendants' appeal on liability making plaintiff 100% liable; on quantum the court increased loss of earning capacity to MYR240,000 applying the Sivakumar multiplier approach and set aside awards for future total knee replacement and overlapping future surgery costs while otherwise upholding the Sessions Court's awards where not shown to be erroneous.

Court Disposition

Defendants' appeal on liability allowed; Plaintiff's appeal dismissed on liability. On quantum, Plaintiff's appeal allowed only on loss of earning capacity (increased); Defendants' appeal allowed only to set aside award for total knee replacement and overlapping future surgery costs; other awards upheld.

Orders

  • Findings of the Sessions Court modified: Plaintiff held 100% liable for the accident
  • Loss of earning capacity award increased to MYR240000