KOGILAN A/L VIJAYAN 1. ) MOHD SUHAIMI BIN MOHD YUSOF 2. ) ACOMPAC ENGINEERING SDN. BHD.

KOGILAN A/L VIJAYAN 1. ) MOHD SUHAIMI BIN MOHD YUSOF 2. ) ACOMPAC ENGINEERING SDN. BHD.

The trial court found the plaintiff proved on the balance of probabilities his loss of earnings using pay slips (P8), employer testimony and expert report (P24); it applied the multiplicand-multiplier method, fixed a monthly shortfall of RM500 and a future loss period of 55 months, and awarded special damages accordingly as reasonable and supported by evidence.

Citation
AA-A53KJ-58-02/2019 (Mahkamah Sesyen)
Parties
Appellant/defendant: MOHD SUHAIMI BIN MOHD YUSOF; Appellant/defendant: ACOMPAC ENGINEERING SDN BHD; Respondent/plaintiff: KOGILAN A/L VIJAYAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 October 2022
Case Number
AA-A53KJ-58-02/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Negligence/personal Injury Claim / Appeal to High Court Against Assessment of Special Damages; Judgment Given at Sessions Court
Outcome
Judgment for plaintiff: claim allowed; plaintiff awarded past and future special damages; costs to plaintiff at 100% liability.
Legal Topics
Negligence, Special Damages, Loss of Earnings, Assessment of Damages, Multiplier and Multiplicand Method
Source Language
Malay/English
Tort Personal Injury Civil Procedure Damages Negligence Special Damages Loss of Earnings Assessment of Damages +1 more

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Parties

MOHD SUHAIMI BIN MOHD YUSOF

Appellant/defendant

ACOMPAC ENGINEERING SDN BHD

Appellant/defendant

KOGILAN A/L VIJAYAN

Respondent/plaintiff

Procedural Posture

Civil Negligence/personal Injury Claim / Appeal to High Court Against Assessment of Special Damages; Judgment Given at Sessions Court

Legal Issues

  1. 1 Whether plaintiff proved loss of earnings and entitlement to special damages
  2. 2 Appropriate quantum for past loss of earnings
  3. 3 Appropriate multiplicand and multiplier for future loss of earnings

Ratio Decidendi

The trial court found the plaintiff proved on the balance of probabilities his loss of earnings using pay slips (P8), employer testimony and expert report (P24); it applied the multiplicand-multiplier method, fixed a monthly shortfall of RM500 and a future loss period of 55 months, and awarded special damages accordingly as reasonable and supported by evidence.

Court Disposition

Judgment for plaintiff: claim allowed; plaintiff awarded past and future special damages; costs to plaintiff at 100% liability.

Orders

  • Plaintiff’s claim allowed
  • Costs to plaintiff on the standard of liability 100%