ARIFF MUZANI BIN ZAKARIA 1. NURULHUDA BINTI AHMAD 2. KAMARUZAMAN BIN AHMAD

ARIFF MUZANI BIN ZAKARIA 1. NURULHUDA BINTI AHMAD 2. KAMARUZAMAN BIN AHMAD

Appeal allowed in part: High Court held trial judge did not err in relation to fracture, scars and muscle wasting awards but erred in limiting future medical/physiotherapy and the ankle brace valuation to the claimant's interim low-cost choices; claimant entitled to recover reasonable private future physiotherapy (RM2,400), private future surgery (RM8,000) and a lifetime high-quality ankle brace valued at RM28,260; other orders of the trial court affirmed; no order as to costs.

Citation
DA-12B-30-11/2020 (Mahkamah Tinggi)
Parties
Perayu/plaintiff: Ariff Muzani bin Zakaria; Respondent/defendant: Nurulhuda binti Ahmad; Respondent/defendant: Kamaruzaman bin Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 August 2021
Case Number
DA-12B-30-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (high Court)
Outcome
Appeal allowed in part and dismissed in part; specific heads of damages increased; other trial court orders affirmed; no order as to costs.
Legal Topics
Quantum of Damages, Future Medical Expenses, Compensation for Pain and Suffering, Medical Appliances (ankle Brace), Use of Compendium of Awards, Duplication of Awards
Source Language
Malay/English
Tort Personal Injury Motor Accident Law Civil Procedure Quantum of Damages Future Medical Expenses Compensation for Pain and Suffering Medical Appliances (ankle Brace) +2 more

Case Brief

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Parties

Ariff Muzani bin Zakaria

Perayu/plaintiff

Nurulhuda binti Ahmad

Respondent/defendant

Kamaruzaman bin Ahmad

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether trial judge erred in assessment of quantum of damages
  2. 2 Whether separate injuries (swollen/deformed ankle vs radiological fracture) were duplicative or required separate awards
  3. 3 Whether future medical costs and physiotherapy at private rates are recoverable

Ratio Decidendi

Appeal allowed in part: High Court held trial judge did not err in relation to fracture, scars and muscle wasting awards but erred in limiting future medical/physiotherapy and the ankle brace valuation to the claimant's interim low-cost choices; claimant entitled to recover reasonable private future physiotherapy (RM2,400), private future surgery (RM8,000) and a lifetime high-quality ankle brace valued at RM28,260; other orders of the trial court affirmed; no order as to costs.

Court Disposition

Appeal allowed in part and dismissed in part; specific heads of damages increased; other trial court orders affirmed; no order as to costs.

Orders

  • Increase future physiotherapy to RM2,400.00 (RM80.00 per session for 30 sessions)
  • Increase future surgery costs to RM8,000.00