MOHD FIRDAUS BIN DOLLAH 1. ) MUHAMMADI BIN YUSOFF 2. ) MUHAMAD KHAIRUDDIN BIN AKROLRAJIL

MOHD FIRDAUS BIN DOLLAH 1. ) MUHAMMADI BIN YUSOFF 2. ) MUHAMAD KHAIRUDDIN BIN AKROLRAJIL

The High Court held the trial judge erred in rejecting the plaintiff's claims solely for lack of documentary proof and in refusing to take judicial notice of local wage practices; oral testimony supported by a co-worker and an admission by the first respondent established employment and earnings on the balance of probabilities. The appeal was allowed insofar as past and future loss of earnings were awarded and the respondents' cross-appeal was dismissed as procedurally defective.

Citation
DA-12B-29-09/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Firdaus bin Dollah; Respondent/defendant (administrator of Deceased Estate): Muhammadi bin Yusoff; Respondent/defendant: Muhamad Khairuddin bin Akrorajil
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 October 2025
Case Number
DA-12B-29-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident – Damages) / Appeal From Sessions Court Judgment on Quantum to High Court; Appeal Allowed in Part
Outcome
Appeal allowed in part; respondents' cross-appeal dismissed
Legal Topics
Damages, Loss of Earnings (past and Future), Judicial Notice, Admissions, Quantum, Appealability of Cross Notice
Source Language
Malay/English
Civil Tort Motor Vehicle Accident Evidence Appeal Procedure Damages Loss of Earnings (past and Future) Judicial Notice +3 more

Case Brief

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Parties

Mohd Firdaus bin Dollah

Appellant/plaintiff

Muhammadi bin Yusoff

Respondent/defendant (administrator of Deceased Estate)

Muhamad Khairuddin bin Akrorajil

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Accident – Damages) / Appeal From Sessions Court Judgment on Quantum to High Court; Appeal Allowed in Part

Legal Issues

  1. 1 Whether the plaintiff proved employment and earnings to recover past loss of earnings
  2. 2 Whether the plaintiff proved future loss of earnings
  3. 3 Whether the trial judge erred in refusing to take judicial notice of customary/local wage practices and in requiring documentary proof

Ratio Decidendi

The High Court held the trial judge erred in rejecting the plaintiff's claims solely for lack of documentary proof and in refusing to take judicial notice of local wage practices; oral testimony supported by a co-worker and an admission by the first respondent established employment and earnings on the balance of probabilities. The appeal was allowed insofar as past and future loss of earnings were awarded and the respondents' cross-appeal was dismissed as procedurally defective.

Court Disposition

Appeal allowed in part; respondents' cross-appeal dismissed

Orders

  • Decision of Sessions Court refusing lost earnings set aside and replaced: defendants to pay past loss of earnings RM64,800 (RM1,800/month x 12 x 3) with interest as per Sessions Court judgment
  • Decision refusing future loss of earnings set aside and replaced: defendants to pay future loss of earnings RM82,800 (RM600/month x 12 x 11.5)