SARAVANAN A/L GOPAL RAMESH A/L RAMAJA YAM

SARAVANAN A/L GOPAL RAMESH A/L RAMAJA YAM

Appellate court reduced defendant's and plaintiff's liability to 50% each because plaintiff's inconsistent testimony undermined his claim and established shared negligence; the court upheld awards for actual and reduced earnings but set aside the RM111,339.32 award for loss of employment because plaintiff failed to prove ongoing incapacity and had ceased attendance at work, thus not satisfying s.28A(2)(c)(ii).

Citation
JA-12B-53-09/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Saravanan A/L Gopal; Respondent/plaintiff: Ramesh A/L Ramaja Yam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 October 2023
Case Number
JA-12B-53-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Appellate Judgment
Outcome
Appeal allowed in part; Sessions Court judgment varied
Legal Topics
Negligence, Contributory Negligence and Apportionment, Assessment of Loss of Earnings, Application of S.28 a Civil Law Act (future Earnings), Credibility of Witnesses
Source Language
Malay/English
Tort Motor Vehicle Accident Damages Civil Procedure Negligence Contributory Negligence and Apportionment Assessment of Loss of Earnings Application of S.28 a Civil Law Act (future Earnings) +1 more

Case Brief

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Parties

Saravanan A/L Gopal

Appellant/defendant

Ramesh A/L Ramaja Yam

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Appellate Judgment

Legal Issues

  1. 1 Whether the Sessions Court erred in apportioning liability 80% to defendant and 20% to plaintiff
  2. 2 Whether plaintiff proved entitlement to award for loss of employment and future loss of earnings under s.28A(2)(c)(ii) Civil Law Act 1984
  3. 3 Assessment of credibility of plaintiff's evidence and its effect on contributory negligence

Ratio Decidendi

Appellate court reduced defendant's and plaintiff's liability to 50% each because plaintiff's inconsistent testimony undermined his claim and established shared negligence; the court upheld awards for actual and reduced earnings but set aside the RM111,339.32 award for loss of employment because plaintiff failed to prove ongoing incapacity and had ceased attendance at work, thus not satisfying s.28A(2)(c)(ii).

Court Disposition

Appeal allowed in part; Sessions Court judgment varied

Orders

  • Liability varied to 50% for plaintiff and 50% for defendant
  • Award for loss of earnings during 7‑month sick leave of RM40,885.88 upheld