1. Mohamed Razif bin Hashim 2. Prasarana Malaysia Berhad Muhammad Saiful Suffian bin Zulkafli

1. Mohamed Razif bin Hashim 2. Prasarana Malaysia Berhad Muhammad Saiful Suffian bin Zulkafli

The High Court held the Sessions Court's factual findings on liability were supported by evidence and not plainly wrong and thus upheld the 90% liability of the 1st Defendant (10% contributory negligence). On quantum the trial judge erred in awarding an excessive RM150,000 for loss of earning capacity and failed to discount the lifetime prosthesis projection. Applying relevant principles the court reduced loss of earning capacity to RM30,000 and held that the RM1,409,492 prosthesis projection should be discounted by 40% to RM845,695 to reflect contingencies, vicissitudes and accelerated receipt; overall net reduction to the plaintiff's judgment (on 90% liability) was RM615,421. The court...

Citation
BA-12B-12-02/2020 (Mahkamah Tinggi)
Parties
Appellant 1st Defendant: Mohamed Razif bin Hashim; Appellant 2nd Defendant: Prasarana Malaysia Berhad; Respondent Plaintiff: Muhammad Saiful Suffian bin Zulkafli
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 December 2020
Case Number
BA-12B-12-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Road Accident) / High Court Appellate Judgment on Appeal From Sessions Court (full Trial)
Outcome
Appeal dismissed in part and allowed in part: liability upheld; quantum reduced in specified items; parties to bear their own costs
Legal Topics
Apportionment of Liability, Quantum of Damages, Present Value of Future Losses, Contingency Deduction, Loss of Earning Capacity, Prosthesis Costs
Source Language
Malay/English
Tort Personal Injury Negligence Damages Appellate Procedure Apportionment of Liability Quantum of Damages Present Value of Future Losses +3 more

Case Brief

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Parties

Mohamed Razif bin Hashim

Appellant 1st Defendant

Prasarana Malaysia Berhad

Appellant 2nd Defendant

Muhammad Saiful Suffian bin Zulkafli

Respondent Plaintiff

Procedural Posture

Civil Appeal (personal Injury Road Accident) / High Court Appellate Judgment on Appeal From Sessions Court (full Trial)

Legal Issues

  1. 1 Whether the trial court's factual findings on liability were plainly wrong and open to appellate interference
  2. 2 Whether the award for loss of earning capacity was excessive and unsupported by proper application of the two-stage Moeliker test
  3. 3 Whether the trial judge should have discounted the lump sum awarded for future prosthesis to reflect present value, contingencies and accelerated receipt and if so by how much

Ratio Decidendi

The High Court held the Sessions Court's factual findings on liability were supported by evidence and not plainly wrong and thus upheld the 90% liability of the 1st Defendant (10% contributory negligence). On quantum the trial judge erred in awarding an excessive RM150,000 for loss of earning capacity and failed to discount the lifetime prosthesis projection. Applying relevant principles the court reduced loss of earning capacity to RM30,000 and held that the RM1,409,492 prosthesis projection should be discounted by 40% to RM845,695 to reflect contingencies, vicissitudes and accelerated receipt; overall net reduction to the plaintiff's judgment (on 90% liability) was RM615,421. The court...

Court Disposition

Appeal dismissed in part and allowed in part: liability upheld; quantum reduced in specified items; parties to bear their own costs

Orders

  • Defendants' appeal on liability dismissed; Sessions Court finding of 1st Defendant 90% liable and Plaintiff 10% contributor affirmed
  • Defendants' appeal on quantum allowed in part: loss of earning capacity reduced from RM150000.00 to RM30000.00 (100% basis)