LIM ENG SENG @ LIM TIAU CHEN PRASATH A/L ANNAMALAI

LIM ENG SENG @ LIM TIAU CHEN PRASATH A/L ANNAMALAI

The High Court allowed parts of both appeals: it rejected the Session Court's global award for multiple distinct right‑leg injuries and instead awarded separate amounts (RM45,000; RM30,000; RM25,000; RM10,000) summing to adjusted general damages and increased the award for scars to RM15,000 and modified other items; it applied the one‑third rule to reduce the claimed physiotherapy cost (RM23,040) to RM7,680 and future surgeries cost (RM27,500) to RM9,166, and increased the award for pain and suffering for future surgery to RM5,000; no order as to costs (parties to bear their own costs).

Citation
NA-12BNCvC-10-04/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: LIM ENG SENG @ LIM TIAU CHEN; Respondent/plaintiff: PRASANTH A/L ANNAMALAI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 October 2023
Case Number
NA-12BNCvC-10-04/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / Judgment on Appeal
Outcome
Part appeal allowed and part cross‑appeal allowed; quantum adjusted as set out and each party to bear their own costs
Legal Topics
Quantum of Damages, Special Damages, Future Medical Costs, Interest, Costs, Appellate Review
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Quantum of Damages Special Damages Future Medical Costs Interest +2 more

Case Brief

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Parties

LIM ENG SENG @ LIM TIAU CHEN

Appellant/defendant

PRASANTH A/L ANNAMALAI

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury) / Judgment on Appeal

Legal Issues

  1. 1 Whether the Session Court erred in awarding a global award for multiple distinct leg injuries
  2. 2 Appropriate quantum for each category of general damages
  3. 3 Application of the one‑third rule to future medical/fisiotherapy costs and future surgeries

Ratio Decidendi

The High Court allowed parts of both appeals: it rejected the Session Court's global award for multiple distinct right‑leg injuries and instead awarded separate amounts (RM45,000; RM30,000; RM25,000; RM10,000) summing to adjusted general damages and increased the award for scars to RM15,000 and modified other items; it applied the one‑third rule to reduce the claimed physiotherapy cost (RM23,040) to RM7,680 and future surgeries cost (RM27,500) to RM9,166, and increased the award for pain and suffering for future surgery to RM5,000; no order as to costs (parties to bear their own costs).

Court Disposition

Part appeal allowed and part cross‑appeal allowed; quantum adjusted as set out and each party to bear their own costs

Orders

  • General damages awarded by High Court: Cerebral concussion RM6000.00; Comminuted fracture right scapula RM20,000.00; Closed fracture proximal third right femur RM45,000.00; Open comminuted fracture distal third right tibia RM30,000.00; Segmental fracture right fibula RM25,000.00; Right thigh punctured wound...
  • Special damages awarded by High Court: physiotherapy (one third of RM23,040) RM7,680.00; future surgeries (one third of RM27,500) RM9,166.00; pain and suffering for future surgery RM5,000.00; plus such other special damages as previously allowed resulting in total special damages RM21,846.00