TAN KIM SENG 1. ) MUHAMMAD FAKRUL AIMAN BIN MOHD FITRI 2. ) NORAZLIZA BINITI SALLEH

TAN KIM SENG 1. ) MUHAMMAD FAKRUL AIMAN BIN MOHD FITRI 2. ) NORAZLIZA BINITI SALLEH

On the balance of probabilities the court found the plaintiff established negligence by the defendant; apportioned liability 10% to the plaintiff and 90% to the defendant; general damages were assessed by specific injury heads totaling RM100,500 and reduced by the plaintiff's 10% contributory negligence resulting in an award of RM90,450; special damages for loss of earnings were not awarded due to lack of proof.

Citation
DA-A73KJ-586-07/2024 (Mahkamah Majistret)
Parties
Plaintif: Tan Kim Seng; Defendan Pertama: Muhammad Fakhrul Aiman bin Mohd Fitri; Defendan Kedua: Norazliza binti Salleh
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 May 2025
Case Number
DA-A73KJ-586-07/2024 (Mahkamah Majistret)
Procedural Posture
Civil Motor Accident / Personal Injury / Judgment on Liability and Quantum; Appeal by Defendants Considered and Decision Rendered
Outcome
Original decision affirmed; appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Loss of Earnings, Evidence
Source Language
Malay/English
Tort Motor Accident Personal Injury Civil Procedure Negligence Contributory Negligence Quantum of Damages Loss of Earnings +1 more

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Parties

Tan Kim Seng

Plaintif

Muhammad Fakhrul Aiman bin Mohd Fitri

Defendan Pertama

Norazliza binti Salleh

Defendan Kedua

Procedural Posture

Civil Motor Accident / Personal Injury / Judgment on Liability and Quantum; Appeal by Defendants Considered and Decision Rendered

Legal Issues

  1. 1 Whether defendant was negligent and liable for the collision
  2. 2 Appropriate apportionment for contributory negligence
  3. 3 Appropriate quantum for general damages

Ratio Decidendi

On the balance of probabilities the court found the plaintiff established negligence by the defendant; apportioned liability 10% to the plaintiff and 90% to the defendant; general damages were assessed by specific injury heads totaling RM100,500 and reduced by the plaintiff's 10% contributory negligence resulting in an award of RM90,450; special damages for loss of earnings were not awarded due to lack of proof.

Court Disposition

Original decision affirmed; appeal dismissed

Orders

  • Defendan-Defendan ordered to pay Plaintif RM90,450 for general damages
  • No special damages awarded for loss of earnings