VIJAYAN A/L SUBRAMANIAM MUHAMMAD FAIZAL BIN KHALILI

VIJAYAN A/L SUBRAMANIAM MUHAMMAD FAIZAL BIN KHALILI

Appeal allowed in part: the Court found a clerical or manifest discrepancy between the Sessions Court judge's reasons (which justified MYR72,000) and the Order (which stated MYR140,000) for the multiple pelvic ring and acetabular fracture with right hip dislocation; MYR72,000 was within the Compendium and a fair amount, while MYR140,000 was excessive, therefore the award was reduced from MYR140,000 to MYR72,000; all other general damages awards were upheld.

Citation
JA-12B-50-10/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant: VIJAYAN A/L SUBRAMANIAM; Respondent / Plaintiff: MUHAMMAD FAIZAL BIN KHALILI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 July 2021
Case Number
JA-12B-50-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Motor Accident) / Appeal on Quantum (judgment on 21 December 2021)
Outcome
Appeal allowed in part; costs awarded to appellant
Legal Topics
Quantum of Damages, General Damages, Apportionment of Liability, Compendium of Awards, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Motor Accident Civil Procedure Quantum of Damages General Damages Apportionment of Liability Compendium of Awards +1 more

Case Brief

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Parties

VIJAYAN A/L SUBRAMANIAM

Appellant / Defendant

MUHAMMAD FAIZAL BIN KHALILI

Respondent / Plaintiff

Procedural Posture

Civil Appeal (personal Injury / Motor Accident) / Appeal on Quantum (judgment on 21 December 2021)

Legal Issues

  1. 1 Whether the trial judge erred in assessing general damages for multiple injuries
  2. 2 Whether the award for multiple pelvic ring and acetabular fracture and right hip dislocation was excessive or infected by a clerical discrepancy between reasons and order
  3. 3 Whether appellate court should interfere with trial judge's quantum under established standards

Ratio Decidendi

Appeal allowed in part: the Court found a clerical or manifest discrepancy between the Sessions Court judge's reasons (which justified MYR72,000) and the Order (which stated MYR140,000) for the multiple pelvic ring and acetabular fracture with right hip dislocation; MYR72,000 was within the Compendium and a fair amount, while MYR140,000 was excessive, therefore the award was reduced from MYR140,000 to MYR72,000; all other general damages awards were upheld.

Court Disposition

Appeal allowed in part; costs awarded to appellant

Orders

  • Reduce award for multiple pelvic ring and acetabular fracture and right hip dislocation from MYR140000 to MYR72000
  • All other awards of the Sessions Court upheld