1. ) Mohd Riduan Bin Zainon 2. ) LARGUS ENGINEERING SDN BHD 1. ) XXXX 2. ) Mohamad Azamuddin Bin Azhar

1. ) Mohd Riduan Bin Zainon 2. ) LARGUS ENGINEERING SDN BHD 1. ) XXXX 2. ) Mohamad Azamuddin Bin Azhar

The trial judge's finding of 100% liability was set aside; on balance of probabilities the respondents' version was more probable but the juvenile age and lack of competence of Responden 1 warranted contributory negligence apportioned 30% to respondents and 70% to appellants; several quantum awards were adjusted (notably general damages for Responden 1 head injury increased to RM300,000 then reduced 20% for helmet non‑use resulting in RM240,000; nursing care awarded at RM1,300 per month for 40 years totalling RM624,000; diapers award reduced to RM12,000) and other specific awards were either upheld or varied as set out in the order.

Citation
DA-12B-47-10/2022 (Mahkamah Tinggi)
Parties
Appellant (perayu 1): Mohd Riduan bin Zainon; Appellant (perayu 2): Largus Engineering Sdn Bhd; Respondent (responden 1): Muhammad Hafizuddin bin Azhar; Respondent (responden 2): Mohamad Azamuddin bin Azhar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2023
Case Number
DA-12B-47-10/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Appellate Judgment
Outcome
Appeal allowed in part; cross‑appeal allowed in part; trial court's 100% liability finding set aside and liability apportioned 70% to appellants and 30% to respondents; various quantum awards modified as below; parties to bear their own costs; interest 2.5% p.a. from date of writ to date of judgment and 5% p.a. from...
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Assessment of Damages, Interest on Judgment
Source Language
Malay/English
Tort Road Traffic Law Personal Injury Civil Procedure Negligence Contributory Negligence Apportionment of Liability Assessment of Damages +1 more

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Parties

Mohd Riduan bin Zainon

Appellant (perayu 1)

Largus Engineering Sdn Bhd

Appellant (perayu 2)

Muhammad Hafizuddin bin Azhar

Respondent (responden 1)

Mohamad Azamuddin bin Azhar

Respondent (responden 2)

Procedural Posture

Civil Appeal From Sessions Court / Appellate Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding appellants 100% liable
  2. 2 Proper apportionment of contributory negligence between parties
  3. 3 Whether awards for general and special damages were manifestly excessive or inadequate

Ratio Decidendi

The trial judge's finding of 100% liability was set aside; on balance of probabilities the respondents' version was more probable but the juvenile age and lack of competence of Responden 1 warranted contributory negligence apportioned 30% to respondents and 70% to appellants; several quantum awards were adjusted (notably general damages for Responden 1 head injury increased to RM300,000 then reduced 20% for helmet non‑use resulting in RM240,000; nursing care awarded at RM1,300 per month for 40 years totalling RM624,000; diapers award reduced to RM12,000) and other specific awards were either upheld or varied as set out in the order.

Court Disposition

Appeal allowed in part; cross‑appeal allowed in part; trial court's 100% liability finding set aside and liability apportioned 70% to appellants and 30% to respondents; various quantum awards modified as below; parties to bear their own costs; interest 2.5% p.a. from date of writ to date of judgment and 5% p.a. from...

Orders

  • Set aside finding of 100% liability by Sessions Court and substitute apportionment: 70% appellants, 30% respondents
  • General damages for Responden 1 (traumatic severe head injury) awarded RM300,000 less 20% for helmet non‑use = RM240,000