SARAVANAN A/L GOPAL RAMESH A/L RAMAJA YAM

SARAVANAN A/L GOPAL RAMESH A/L RAMAJA YAM

High Court allowed the appeal in part: reduced defendant's liability from 80% to 50% because plaintiff's inconsistent and weakened oral evidence undermined the lower court's basis for assigning only 20% contributory negligence; upheld awards for loss during seven-month sick leave (RM40,885.88) and for income shortfall while employed at Transit Link (RM106,414.08) but set aside the award for loss of employment (RM111,339.32) because plaintiff failed to show continued incapacity, had ceased attending work voluntarily and did not satisfy s.28A burden for future earnings entitlement.

Citation
JA-12B-53-09/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Saravanan a/l Gopal; Respondent/plaintiff: Ramesh a/l Ramaja Yam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 October 2023
Case Number
JA-12B-53-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court Hearing Appeal From Sessions Court) / Judgment on Appeal
Outcome
Appeal allowed in part.
Legal Topics
Contributory Negligence, Apportionment of Liability, Loss of Earnings, Assessment of Credibility, Section 28 a Civil Law Act Entitlement
Source Language
Malay/English
Tort Motor Vehicle Accident Civil Damages Evidence Contributory Negligence Apportionment of Liability Loss of Earnings Assessment of Credibility +1 more

Case Brief

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Parties

Saravanan a/l Gopal

Appellant/defendant

Ramesh a/l Ramaja Yam

Respondent/plaintiff

Procedural Posture

Civil Appeal (high Court Hearing Appeal From Sessions Court) / Judgment on Appeal

Legal Issues

  1. 1 Proper apportionment of liability between parties after a road traffic collision
  2. 2 Credibility and inconsistency of plaintiff's evidence affecting contributory negligence
  3. 3 entitlement to award for loss of employment under s.28A Civil Law Act and required proof

Ratio Decidendi

High Court allowed the appeal in part: reduced defendant's liability from 80% to 50% because plaintiff's inconsistent and weakened oral evidence undermined the lower court's basis for assigning only 20% contributory negligence; upheld awards for loss during seven-month sick leave (RM40,885.88) and for income shortfall while employed at Transit Link (RM106,414.08) but set aside the award for loss of employment (RM111,339.32) because plaintiff failed to show continued incapacity, had ceased attending work voluntarily and did not satisfy s.28A burden for future earnings entitlement.

Court Disposition

Appeal allowed in part.

Orders

  • Liability apportioned 50% to plaintiff and 50% to defendant
  • Award for loss during seven-month sick leave of RM40,885.88 upheld