ZAINAL ABIDIN BIN ISMAIL NOR PADILLAH BINTI AWANG

ZAINAL ABIDIN BIN ISMAIL NOR PADILLAH BINTI AWANG

The High Court refused to interfere with the Sessions Court's assessment because the trial judge had examined the medical evidence and expert reports, applied the correct legal principles and guidelines, and the amounts awarded were neither so excessive nor so inadequate as to constitute an entirely erroneous estimate of damage; therefore the quantum of RM2,141,512.05 with stated interest rates was upheld and the appeal dismissed.

Citation
CB-12B-16-11/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Zainal Abidin bin Ismail; Respondent/plaintiff: Nor Padilah binti Awang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2023
Case Number
CB-12B-16-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury (motor Accident) / Appeal Hearing at High Court (judgment) Upholding Sessions Court Quantum
Outcome
Appeal dismissed; Sessions Court's awards on quantum upheld by High Court
Legal Topics
Quantum of Damages, Medical Expert Evidence, Apportionment of Liability, Future Medical Costs, Appellate Review of Damages
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accidents Damages Civil Procedure Quantum of Damages Medical Expert Evidence Apportionment of Liability +2 more

Case Brief

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Parties

Zainal Abidin bin Ismail

Appellant/defendant

Nor Padilah binti Awang

Respondent/plaintiff

Procedural Posture

Civil Appeal Personal Injury (motor Accident) / Appeal Hearing at High Court (judgment) Upholding Sessions Court Quantum

Legal Issues

  1. 1 Whether appellate court should interfere with trial judge's assessment of quantum of damages
  2. 2 Appropriateness of specific heads of damage (head injury, rib fractures, organ injuries, amputation, hearing loss, dental loss, future treatment)
  3. 3 Whether trial judge applied correct legal principles and relied on adequate evidence

Ratio Decidendi

The High Court refused to interfere with the Sessions Court's assessment because the trial judge had examined the medical evidence and expert reports, applied the correct legal principles and guidelines, and the amounts awarded were neither so excessive nor so inadequate as to constitute an entirely erroneous estimate of damage; therefore the quantum of RM2,141,512.05 with stated interest rates was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed; Sessions Court's awards on quantum upheld by High Court

Orders

  • Appeal dismissed
  • Total damages of RM2,141,512.05 upheld