1. ) XXXX 2. ) AZIZAH BINTI OTHMAN 1. ) AB WAHAB BIN OSMAN 2. ) EASTERN ENGINEERING & SERVICES

1. ) XXXX 2. ) AZIZAH BINTI OTHMAN 1. ) AB WAHAB BIN OSMAN 2. ) EASTERN ENGINEERING & SERVICES

The appellate court found the trial judge erred in awarding only the custom insole because the orthotist's expert evidence established that the insole must be used together with custom extra depth shoes and sandals to be effective and to preserve cosmesis and function; accordingly the court substituted the trial...

Source-derived case information.

Citation
DA-12B-17-06/2024 (Mahkamah Tinggi)
Parties
Appellant Plaintiff (minor): Nurul Nadia Natasha Binti Mohd Hasmiza; Appellant Plaintiff: Azizah Binti Othman; Respondent: Ab Wahab Bin Osman; Respondent: Eastern Engineering & Services
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 March 2025
Case Number
DA-12B-17-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury/motor Accident) / Appeal (quantum Only)
Outcome
Partially allowed appeal limited to orthotic equipment; trial award of RM166,400 set aside and replaced by RM311,466.70 (two-thirds of RM467,200); other awards, interest and costs at trial maintained; no order as to costs of this appeal.
Legal Topics
Quantum of Damages, Orthotic Equipment Entitlement, Limb Length Discrepancy, Appellate Standard of Review
Torts Personal Injury Motor Vehicle Accidents Damages Assessment Quantum of Damages Orthotic Equipment Entitlement Limb Length Discrepancy Appellate Standard of Review

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Parties

Nurul Nadia Natasha Binti Mohd Hasmiza

Appellant Plaintiff (minor)

Azizah Binti Othman

Appellant Plaintiff

Ab Wahab Bin Osman

Respondent

Eastern Engineering & Services

Respondent

Procedural Posture

Civil Appeal (personal Injury/motor Accident) / Appeal (quantum Only)

  1. 1 Whether custom-made extra depth orthopedic shoes and sandals are recoverable alongside a custom insole as necessary orthotic equipment
  2. 2 Whether the trial judge erred in awarding only the insole and excluding shoes and sandals
  3. 3 Appropriate quantum for orthotic equipment and justification for a one-third deduction

Ratio Decidendi

The appellate court found the trial judge erred in awarding only the custom insole because the orthotist's expert evidence established that the insole must be used together with custom extra depth shoes and sandals to be effective and to preserve cosmesis and function; accordingly the court substituted the trial award with two-thirds of the total claimed cost for the three items (deducting one-third for contingencies and limited useful life) and ordered RM311,466.70 for the orthotic package.

Court Disposition

Partially allowed appeal limited to orthotic equipment; trial award of RM166,400 set aside and replaced by RM311,466.70 (two-thirds of RM467,200); other awards, interest and costs at trial maintained; no order as to costs of this appeal.

Orders

  • Allow part of the appeal concerning orthotic equipment
  • Set aside the Sessions Court award of RM166,400 and replace it with RM311,466.70