DAKRIM BIN DAUD LIM A/L DIN GEN

DAKRIM BIN DAUD LIM A/L DIN GEN

Appellate court found eyewitness evidence of SP2 and SP5 and factual matrix more credible than the Sessions Court's adverse credibility findings; concluded Lim turned when his right-turn signal was red for him and thus was 100% negligent; left most general damages intact but allowed RM20,000 for closed fracture of right fibula and recalculated future loss of earnings based on proved monthly income RM12,850 to RM1,464,900; orthosis award RM46,200 upheld; appellate interference limited to areas where trial judge misapplied credibility assessment and where evidence supported a different quantum.

Citation
BA-12B-85-11/2023 (Mahkamah Tinggi)
Parties
Defendant/appellant: Lim a/l Din Gen; Plaintiff/respondent: Dakrim bin Daud
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 October 2024
Case Number
BA-12B-85-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court (appeal From Sessions Court)
Outcome
Plaintiff (Dakrim) appeal allowed in part; Defendant (Lim) appeal dismissed; Lim held 100% liable.
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Loss of Future Earnings, Orthosis, Credibility of Witnesses
Source Language
Malay/English
Motor Vehicle Accident Personal Injury Torts Civil Procedure Damages Negligence Contributory Negligence Quantum of Damages +3 more

Case Brief

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Parties

Lim a/l Din Gen

Defendant/appellant

Dakrim bin Daud

Plaintiff/respondent

Procedural Posture

Civil Appeal / High Court (appeal From Sessions Court)

Legal Issues

  1. 1 Whether Lim was wholly or partly negligent (apportionment of liability)
  2. 2 Credibility and weight of eyewitness evidence (SP2, SP5, SP1)
  3. 3 Appropriate quantum for general and special damages

Ratio Decidendi

Appellate court found eyewitness evidence of SP2 and SP5 and factual matrix more credible than the Sessions Court's adverse credibility findings; concluded Lim turned when his right-turn signal was red for him and thus was 100% negligent; left most general damages intact but allowed RM20,000 for closed fracture of right fibula and recalculated future loss of earnings based on proved monthly income RM12,850 to RM1,464,900; orthosis award RM46,200 upheld; appellate interference limited to areas where trial judge misapplied credibility assessment and where evidence supported a different quantum.

Court Disposition

Plaintiff (Dakrim) appeal allowed in part; Defendant (Lim) appeal dismissed; Lim held 100% liable.

Orders

  • Lim held 100% negligent and liable for claimant's proven losses
  • General damages award by Sessions Court largely affirmed subject to RM20,000 for closed fracture head of right fibula