GERALD LIM VIN ZHE MOHD FAUZI BIN ABDUL AZIZ

GERALD LIM VIN ZHE MOHD FAUZI BIN ABDUL AZIZ

Magistrate's 50:50 apportionment was set aside because objective scene evidence (absence of debris on left lane, presence of broken glass and debris at marked area F in right lane, skid marks attributed to Plaintiff's van, and consistent vehicle damage photos) established the point of impact in the Defendant's lane (A3–A4) and that the Plaintiff's van crossed into Defendant's lane; accordingly Plaintiff held 100% negligent. The RM25,000 damages award was excessive for a healed unilateral left clavicle fracture without shortening or work impairment; reduced to RM15,000 following Compendium 2018 guidance and medical evidence.

Citation
KA-11BNCvC-6-07/2020 (Mahkamah Tinggi)
Parties
Defendant/appellant: Gerald Lim Vin Zhe; Plaintiff/respondent: Mohd Fauzi bin Abdul Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 August 2021
Case Number
KA-11BNCvC-6-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Decision on Appeal From Magistrate Court
Outcome
Appeal allowed in part
Legal Topics
Negligence, Liability Apportionment, Quantum of Damages, Appeal Review of Factual Findings
Source Language
Malay/English
Tort Motor Vehicle Accident Personal Injury Civil Procedure Negligence Liability Apportionment Quantum of Damages Appeal Review of Factual Findings

Case Brief

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Parties

Gerald Lim Vin Zhe

Defendant/appellant

Mohd Fauzi bin Abdul Aziz

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appellate Decision on Appeal From Magistrate Court

Legal Issues

  1. 1 Whether the Magistrate's 50%:50% apportionment of negligence was justified by the evidence
  2. 2 Whether RM25,000 awarded for left clavicle fracture was reasonable and supported by authorities/guidelines

Ratio Decidendi

Magistrate's 50:50 apportionment was set aside because objective scene evidence (absence of debris on left lane, presence of broken glass and debris at marked area F in right lane, skid marks attributed to Plaintiff's van, and consistent vehicle damage photos) established the point of impact in the Defendant's lane (A3–A4) and that the Plaintiff's van crossed into Defendant's lane; accordingly Plaintiff held 100% negligent. The RM25,000 damages award was excessive for a healed unilateral left clavicle fracture without shortening or work impairment; reduced to RM15,000 following Compendium 2018 guidance and medical evidence.

Court Disposition

Appeal allowed in part

Orders

  • Set aside Magistrate's finding of 50%:50% liability and hold Plaintiff 100% liable for the accident
  • Reduce damages awarded for left clavicle fracture to RM15,000.00