1. ) ABU BAKAR BIN MUSTAR 2. ) SOUTHERN DIGGERS ENTERPRISE SDN BHD 1. ) Taufek Bin Mohammad (seorang yang tidak berupaya dan diwakili oleh NORHIDAWATI BINTI MOHAMAD NOR [NO. K/P : 801228-01-5736] sebagai wakil litigasinya) 2. ) NORHIDAWATI

1. ) ABU BAKAR BIN MUSTAR 2. ) SOUTHERN DIGGERS ENTERPRISE SDN BHD 1. ) Taufek Bin Mohammad (seorang yang tidak berupaya dan diwakili oleh NORHIDAWATI BINTI MOHAMAD NOR [NO. K/P : 801228-01-5736] sebagai wakil litigasinya) 2. ) NORHIDAWATI

The High Court refused to disturb the trial court on liability and concluded that increasing future care costs from RM1,500 to RM2,000 per month was justified given the plaintiff's permanent physical and cognitive disabilities and the practical difficulty and higher cost of securing a suitably trained carer; the claimant's demand for RM5,640 per month based on residential care centre rates was rejected for lack of evidence of a need for residential placement, limited prior stays in care centres, and because such costs were not pleaded.

Citation
JA-12B-68-11/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Abu Bakar bin Mustar; Appellant/defendant: Southern Diggers Enterprise Sdn. Bhd.; Respondent/plaintiff: Taufek bin Mohammad; Respondent/plaintiff: Norhidawati binti Mohamad Nor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2024
Case Number
JA-12B-68-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal
Outcome
Appeal by defendants dismissed; cross‑appeal by plaintiff allowed in part
Legal Topics
Quantum of Damages, Future Care Costs, Contributory Negligence, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Quantum of Damages Future Care Costs Contributory Negligence Standard of Appellate Review

Case Brief

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Parties

Abu Bakar bin Mustar

Appellant/defendant

Southern Diggers Enterprise Sdn. Bhd.

Appellant/defendant

Taufek bin Mohammad

Respondent/plaintiff

Norhidawati binti Mohamad Nor

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in assessing future care costs for the injured plaintiff
  2. 2 Whether the appellant court should interfere with the trial judge's assessment of damages
  3. 3 Whether the plaintiff required residential care centre costs as claimed

Ratio Decidendi

The High Court refused to disturb the trial court on liability and concluded that increasing future care costs from RM1,500 to RM2,000 per month was justified given the plaintiff's permanent physical and cognitive disabilities and the practical difficulty and higher cost of securing a suitably trained carer; the claimant's demand for RM5,640 per month based on residential care centre rates was rejected for lack of evidence of a need for residential placement, limited prior stays in care centres, and because such costs were not pleaded.

Court Disposition

Appeal by defendants dismissed; cross‑appeal by plaintiff allowed in part

Orders

  • Appeal dismissed
  • Cross‑appeal allowed in part: future care costs increased to RM2,000 per month