MOHAMMAD SHABSHARIZIE BIN EDI MAWARDI ASMARIDA BINTI ABDULLAH

MOHAMMAD SHABSHARIZIE BIN EDI MAWARDI ASMARIDA BINTI ABDULLAH

On balance of probabilities the defendant was 100% negligent; court awarded proved special damages of RM38,911.00 and assessed general damages at RM182,000.00 after detailed review of medical reports, relevant authorities and the Revised Compendium 2018; claims for future loss of earnings and certain future care costs were rejected for want of strict proof and employer corroboration; future medical/surgical expenses were allowed where supported by medical evidence.

Citation
JA-A53KJ-74-02/2022 (Mahkamah Sesyen)
Parties
Plaintif: MOHAMMAD SHABSHARIZIE BIN EDI MAWARDI; Defendan: ASMARIDA BINTI ABDULLAH
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 February 2023
Case Number
JA-A53KJ-74-02/2022 (Mahkamah Sesyen)
Procedural Posture
Writ Saman (personal Injury Motor Vehicle Accident) / Judgment After Full Trial With Witnesses
Outcome
Plaintiff's claim allowed on liability; defendant 100% liable. Judgment entered for plaintiff in specified special and general damages with interest and costs.
Legal Topics
Negligence, Quantum of Damages, Special Damages, Future Medical Expenses, Future Loss of Earnings, Costs, Interest
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Damages and Interest Negligence Quantum of Damages Special Damages +4 more

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Parties

MOHAMMAD SHABSHARIZIE BIN EDI MAWARDI

Plaintif

ASMARIDA BINTI ABDULLAH

Defendan

Procedural Posture

Writ Saman (personal Injury Motor Vehicle Accident) / Judgment After Full Trial With Witnesses

Legal Issues

  1. 1 Whether defendant was negligent and liable for the accident
  2. 2 Quantum of special damages claimed by plaintiff
  3. 3 Quantum of general damages for multiple injuries

Ratio Decidendi

On balance of probabilities the defendant was 100% negligent; court awarded proved special damages of RM38,911.00 and assessed general damages at RM182,000.00 after detailed review of medical reports, relevant authorities and the Revised Compendium 2018; claims for future loss of earnings and certain future care costs were rejected for want of strict proof and employer corroboration; future medical/surgical expenses were allowed where supported by medical evidence.

Court Disposition

Plaintiff's claim allowed on liability; defendant 100% liable. Judgment entered for plaintiff in specified special and general damages with interest and costs.

Orders

  • Defendant to pay plaintiff special damages RM38,911.00.
  • Defendant to pay plaintiff general damages RM182,000.00.