DA-12B-9-05/2020 (Mahkamah Tinggi)

DA-12B-9-05/2020 (Mahkamah Tinggi)

High Court affirmed the Sessions Court finding that the plaintiff contributed 10% to the accident and defendants 90% liable, but allowed the appeal on quantum for future loss of half earnings, substituting the Sessions Court decision with an award of RM149,760 calculated as RM780 monthly loss x 12 x multiplier 16; other findings including RM20,000 for left PCL laxity and rejection of implant removal claim were upheld.

Citation
DA-12B-9-05/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Hasmazani Bin Hasan; Respondent/defendant: Malek Bin Mat Husain; Respondent/defendant: Mohd Asri Bin Othman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 November 2021
Case Number
DA-12B-9-05/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident/personal Injury) / Hearing of Appeal in High Court Against Sessions Court Judgment on Liability and Quantum
Outcome
Appeal dismissed in part and allowed in part: Sessions Court 10:90 liability split upheld; quantum adjusted in favour of appellant for future loss of half earnings.
Legal Topics
Contributory Negligence, Apportionment of Liability, Future Loss of Earnings, Assessment of Quantum, Adverse Inference From Non‑attendance, Expert Medical Evidence
Source Language
Malay/English
Tort Road Traffic Law Personal Injury Civil Procedure Evidence Law Contributory Negligence Apportionment of Liability Future Loss of Earnings +3 more

Case Brief

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Parties

Mohd Hasmazani Bin Hasan

Appellant/plaintiff

Malek Bin Mat Husain

Respondent/defendant

Mohd Asri Bin Othman

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Accident/personal Injury) / Hearing of Appeal in High Court Against Sessions Court Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether Sessions Court was wrong to find plaintiff 10% contributor where defendants did not give evidence
  2. 2 Whether plaintiff entitled to award for future loss of half earnings and correct method of calculation
  3. 3 Whether closed left PCL avulsion is separate compensable injury from PCL laxity

Ratio Decidendi

High Court affirmed the Sessions Court finding that the plaintiff contributed 10% to the accident and defendants 90% liable, but allowed the appeal on quantum for future loss of half earnings, substituting the Sessions Court decision with an award of RM149,760 calculated as RM780 monthly loss x 12 x multiplier 16; other findings including RM20,000 for left PCL laxity and rejection of implant removal claim were upheld.

Court Disposition

Appeal dismissed in part and allowed in part: Sessions Court 10:90 liability split upheld; quantum adjusted in favour of appellant for future loss of half earnings.

Orders

  • Liability apportioned 10% to plaintiff and 90% to defendants; Sessions Court liability finding affirmed
  • Award of RM20,000 for left PCL laxity affirmed