KESAVAN A/L KOPALA KRISHNAN (Mendakwa melalui ibu dan sahabat wakilnya Batmah a/p Thangaveloo) 1. ) SARASWATHY A/P KANDASAMY 2. ) VIKNESH A/L ARIVANANDAR

KESAVAN A/L KOPALA KRISHNAN (Mendakwa melalui ibu dan sahabat wakilnya Batmah a/p Thangaveloo) 1. ) SARASWATHY A/P KANDASAMY 2. ) VIKNESH A/L ARIVANANDAR

Appeal allowed in part: substituted award for future surgeries to RM12,666.67 (to correct mathematical/exclusion error), awarded RM15,000 for pain from future surgeries, awarded RM50,000 for loss of earning capacity, allowed RM3,300 travel costs and RM10,833.70 UMMC medical bills; Sessions Court assessments on...

Source-derived case information.

Citation
BA-12B-15-02/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Kesavan a/l Kopala Krishnan; Respondent/defendant: Saraswathy a/p Kandasamy; Respondent/defendant: Viknesh a/l Arivanandar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 December 2024
Case Number
BA-12B-15-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury, Motor Vehicle Accident) / Judgment on Appeal (assessment of Quantum of Damages)
Outcome
Appeal allowed in part; Sessions Court awards otherwise affirmed; no order as to costs.
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Future Medical Expenses, Apportionment of Liability, Admissibility of Expert Evidence
Torts Personal Injury Motor Vehicle Law Civil Procedure Evidence Quantum of Damages Loss of Earning Capacity Future Medical Expenses +2 more

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Parties

Kesavan a/l Kopala Krishnan

Appellant/plaintiff

Saraswathy a/p Kandasamy

Respondent/defendant

Viknesh a/l Arivanandar

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury, Motor Vehicle Accident) / Judgment on Appeal (assessment of Quantum of Damages)

Legal Issues

  1. 1 Whether the Sessions Court erred in assessment of quantum of damages
  2. 2 Whether future surgical costs are recoverable and properly assessed
  3. 3 Whether pain and suffering associated with future surgeries is recoverable

Ratio Decidendi

Appeal allowed in part: substituted award for future surgeries to RM12,666.67 (to correct mathematical/exclusion error), awarded RM15,000 for pain from future surgeries, awarded RM50,000 for loss of earning capacity, allowed RM3,300 travel costs and RM10,833.70 UMMC medical bills; Sessions Court assessments on remaining items were affirmed where no error of principle or manifest inadequacy was shown; no order as to costs.

Court Disposition

Appeal allowed in part; Sessions Court awards otherwise affirmed; no order as to costs.

Orders

  • Substituted award for future surgeries: RM12,666.67
  • Award for pain and suffering from future surgeries: RM15,000.00