1. ) MOHD HAFIZ BIN A BAKAR 2. ) ABDUL HADI BIN A BAKAR MUHAMMAD IQBAL HAKIM BIN NANDA

1. ) MOHD HAFIZ BIN A BAKAR 2. ) ABDUL HADI BIN A BAKAR MUHAMMAD IQBAL HAKIM BIN NANDA

The High Court adjusted the Sessions Court awards for quantum after applying the Revised Compendium of Personal Injury Awards 2018 and assessing the medical evidence: it retained RM6,000 for loss of consciousness and retrograde amnesia; increased left fronto-temporal subdural haematoma to RM25,000; increased global award for facial fractures to RM35,000 subject to 5% overlap; reduced right eye proptosis to RM50,000 because the right eye was not legally blind and medical reports showed reasonable right-eye function though at risk; and reduced awards for loss of amenities and emotional distress to RM25,000 each due to lack of corroborating evidence. Costs were ordered to be borne by the...

Citation
RA-12B-1-06/2020 (Mahkamah Tinggi)
Parties
Appellant / Defendant: MOHD HAFIZ BIN A BAKAR; Appellant / Defendant: ABDUL HADI BIN A BAKAR; Respondent / Plaintiff: MUHAMMAD IQBAL HAKIM BIN NANDA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 August 2022
Case Number
RA-12B-1-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Motor Accident) / High Court Appellate Determination on Quantum After Liability Admitted by Lower Court
Outcome
Appeals partially allowed and cross-appeal partially allowed; Sessions Court awards varied on quantum as specified
Legal Topics
Quantum of Damages, General Damages, Overlap of Facial Fractures, Loss of Vision Assessment, Emotional Distress Damages, Application of Revised Compendium of Personal Injury Awards 2018
Source Language
Malay/English
Personal Injury Tort Motor Vehicle Accident Civil Appeal Quantum of Damages General Damages Overlap of Facial Fractures Loss of Vision Assessment +2 more

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Parties

MOHD HAFIZ BIN A BAKAR

Appellant / Defendant

ABDUL HADI BIN A BAKAR

Appellant / Defendant

MUHAMMAD IQBAL HAKIM BIN NANDA

Respondent / Plaintiff

Procedural Posture

Civil Appeal (personal Injury / Motor Accident) / High Court Appellate Determination on Quantum After Liability Admitted by Lower Court

Legal Issues

  1. 1 Whether the awards for specified injuries were fair, reasonable and consistent with current monetary value and Compendium 2018
  2. 2 Proper aggregation and overlap adjustment for multiple facial fractures
  3. 3 Appropriate quantum for right eye proptosis short of legal blindness

Ratio Decidendi

The High Court adjusted the Sessions Court awards for quantum after applying the Revised Compendium of Personal Injury Awards 2018 and assessing the medical evidence: it retained RM6,000 for loss of consciousness and retrograde amnesia; increased left fronto-temporal subdural haematoma to RM25,000; increased global award for facial fractures to RM35,000 subject to 5% overlap; reduced right eye proptosis to RM50,000 because the right eye was not legally blind and medical reports showed reasonable right-eye function though at risk; and reduced awards for loss of amenities and emotional distress to RM25,000 each due to lack of corroborating evidence. Costs were ordered to be borne by the...

Court Disposition

Appeals partially allowed and cross-appeal partially allowed; Sessions Court awards varied on quantum as specified

Orders

  • Retain award of RM6,000.00 for loss of consciousness and retrograde amnesia
  • Increase award for left fronto-temporal subdural haematoma to RM25,000.00