JOHNSON A/L AROKIAM & 1 LAGI MONG XIN YAO & 1 LAGI

JOHNSON A/L AROKIAM & 1 LAGI MONG XIN YAO & 1 LAGI

Defendants were 100% liable for the collision because the MPV rear‑ended the taxi and the rear driver owed a duty to keep a proper distance and avoid collision; plaintiff first's claim for loss of colour vision (cerebral achromatopsia) was not proven due to absence of confirmatory VEP test and conflicting expert opinions, so that head injury/colour vision loss claim was dismissed; other injuries and certain special damages and limited loss of earnings were proven and quantified accordingly; special damages allowed only when supported or reasonably inferred from evidence; interest and costs awarded as specified.

Citation
WA-B53KJ-12-04/2019 (Mahkamah Sesyen)
Parties
Plaintiff First: JOHNSON A/L AROKIAM; Plaintiff Second: DEVAMALAR A/P SUPPIAH; Defendant First: MONG XIN YAO; Defendant Second: MONG WAI MUN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 September 2020
Case Number
WA-B53KJ-12-04/2019 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Personal Injury / Judgment
Outcome
Plaintiffs successful on liability; defendants 100% liable. Quantum allowed in part for both plaintiffs; specific heads allowed and some claims dismissed.
Legal Topics
Negligence, Liability, Quantum of Damages, Expert Evidence, Loss of Earnings, Special Damages, Interest, Costs
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Law Evidence Negligence Liability Quantum of Damages Expert Evidence +4 more

Case Brief

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Parties

JOHNSON A/L AROKIAM

Plaintiff First

DEVAMALAR A/P SUPPIAH

Plaintiff Second

MONG XIN YAO

Defendant First

MONG WAI MUN

Defendant Second

Procedural Posture

Motor Vehicle Personal Injury / Judgment

Legal Issues

  1. 1 Whether defendants are liable for rear-end collision causing plaintiffs' injuries
  2. 2 Whether plaintiff first (SP2) suffered cerebral achromatopsia/loss of colour vision caused by the accident
  3. 3 Quantum of general damages for each plaintiff

Ratio Decidendi

Defendants were 100% liable for the collision because the MPV rear‑ended the taxi and the rear driver owed a duty to keep a proper distance and avoid collision; plaintiff first's claim for loss of colour vision (cerebral achromatopsia) was not proven due to absence of confirmatory VEP test and conflicting expert opinions, so that head injury/colour vision loss claim was dismissed; other injuries and certain special damages and limited loss of earnings were proven and quantified accordingly; special damages allowed only when supported or reasonably inferred from evidence; interest and costs awarded as specified.

Court Disposition

Plaintiffs successful on liability; defendants 100% liable. Quantum allowed in part for both plaintiffs; specific heads allowed and some claims dismissed.

Orders

  • Defendants jointly and severally to pay Plaintiff First (JOHNSON A/L AROKIAM): general damages for left rotator cuff injury RM15000
  • Defendants jointly and severally to pay Plaintiff First: general damages for multiple abrasion wounds over left arm and forearm RM5000