Aini binti Abdullah Nathan a/l Athimoolam

Aini binti Abdullah Nathan a/l Athimoolam

Trial judge erred in principle and misappreciated evidence on causation; plaintiff failed to prove on balance of probabilities that the 2017 accident caused the rotator cuff tear, therefore award for that injury set aside; trial court also erred in arithmetically aggregating multiple phalangeal fracture awards and separate ulna/radius awards without accounting for overlap resulting in manifestly excessive sums; appellate court revised awards reducing rotator cuff award to nil, combined five phalanges to RM30,000, combined ulna styloid and radius to RM36,000 and reduced total general damages from RM203,000 to RM130,000, while upholding other items including loss of earnings and certain...

Citation
BA-12B-47-07/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Aini binti Abdullah; Respondent/plaintiff: Nanthan a/l Athimoolam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 August 2023
Case Number
BA-12B-47-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / Judgment on Appeal (damages and Quantum)
Outcome
Appeal allowed in part; Sessions Court awards varied
Legal Topics
Causation, Quantum of Damages, Appellate Intervention, Medical Evidence, Compendium of Awards, Overlapping Awards
Source Language
Malay/English
Tort Personal Injury Civil Procedure Evidence Causation Quantum of Damages Appellate Intervention Medical Evidence +2 more

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Parties

Aini binti Abdullah

Appellant/defendant

Nanthan a/l Athimoolam

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury) / Judgment on Appeal (damages and Quantum)

Legal Issues

  1. 1 Whether plaintiff proved causal link between 28.7.2017 road accident and rotator cuff tear on balance of probabilities
  2. 2 Whether trial judge misapplied principles or made wholly erroneous estimates to justify appellate intervention on quantum
  3. 3 Whether awards for multiple fractures should be aggregated without overlap leading to amounts exceeding comparable amputation awards

Ratio Decidendi

Trial judge erred in principle and misappreciated evidence on causation; plaintiff failed to prove on balance of probabilities that the 2017 accident caused the rotator cuff tear, therefore award for that injury set aside; trial court also erred in arithmetically aggregating multiple phalangeal fracture awards and separate ulna/radius awards without accounting for overlap resulting in manifestly excessive sums; appellate court revised awards reducing rotator cuff award to nil, combined five phalanges to RM30,000, combined ulna styloid and radius to RM36,000 and reduced total general damages from RM203,000 to RM130,000, while upholding other items including loss of earnings and certain...

Court Disposition

Appeal allowed in part; Sessions Court awards varied

Orders

  • Set aside RM30,000 award for rotator cuff tear with biceps tendinosis and impingement left shoulder
  • Items 2 to 6 (five phalanges) to be treated as single combined item and reduced from RM64,000 to RM30,000