LOGESHVARAN A/L K MARUTHAN 1. ) AHMAD MAHZUZ BIN ROSLAN 2. ) KARTINA BINTI AHMAD

LOGESHVARAN A/L K MARUTHAN 1. ) AHMAD MAHZUZ BIN ROSLAN 2. ) KARTINA BINTI AHMAD

The appellate court found no plain or material error in the trial judge's judicial appreciation of evidence or application of law; the awards (RM37,000 for open tibia/fibula fracture, RM28,892.70 for loss of actual earnings, RM30,000 for loss of earning capacity and RM17,944.85 special damages) were supported by medical reports, compendium ranges and proper application of section 28A principles including a justified one‑third deduction for personal expenses, therefore the appeal is dismissed and the trial judgment is upheld.

Citation
JA-12B-74-10/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Logeshvaran A/L K. Maruthan; Respondent/defendant: Ahmad Mahzuz bin Roslan; Respondent/defendant: Kartina binti Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 September 2023
Case Number
JA-12B-74-10/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury/motor Vehicle Accident) / Appeal Judgment
Outcome
Appeal dismissed; judgment of the Court of First Instance (Sessions Court) upheld.
Legal Topics
Quantum of Damages, Loss of Earnings, Loss of Earning Capacity, Appellate Review of Factual Findings, Application of Section 28 a Civil Law Act 1956
Source Language
Malay/English
Tort Personal Injury Civil Procedure Motor Vehicle Accident Law Damages Assessment Quantum of Damages Loss of Earnings Loss of Earning Capacity +2 more

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Parties

Logeshvaran A/L K. Maruthan

Appellant/plaintiff

Ahmad Mahzuz bin Roslan

Respondent/defendant

Kartina binti Ahmad

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury/motor Vehicle Accident) / Appeal Judgment

Legal Issues

  1. 1 Whether the quantum awarded for open fracture of right tibia and fibula was manifestly inadequate
  2. 2 Whether awards for stiffness, limitation of movement and residual pain should have been made separately or were subsumed
  3. 3 Whether calculation and deduction of one-third for personal expenses in loss of actual earnings was appropriate

Ratio Decidendi

The appellate court found no plain or material error in the trial judge's judicial appreciation of evidence or application of law; the awards (RM37,000 for open tibia/fibula fracture, RM28,892.70 for loss of actual earnings, RM30,000 for loss of earning capacity and RM17,944.85 special damages) were supported by medical reports, compendium ranges and proper application of section 28A principles including a justified one‑third deduction for personal expenses, therefore the appeal is dismissed and the trial judgment is upheld.

Court Disposition

Appeal dismissed; judgment of the Court of First Instance (Sessions Court) upheld.

Orders

  • Appeal dismissed and trial judgment upheld