DEVARAJAN A/L KUNASEKARAN 1. ) LEON NGIM CHONG 2. ) TEE SOK KHIM

DEVARAJAN A/L KUNASEKARAN 1. ) LEON NGIM CHONG 2. ) TEE SOK KHIM

Plaintiff established liability and proved injuries on balance of probabilities but failed to justify private future treatment costs and loss of future earnings; awarded general damages (RM149,000 reduced by 10% overlapping = RM134,100), special damages RM26,264, costs for documents RM2,692.80, with prescribed interest rates; future private treatment awards reduced (one‑third practice) or nominal where justification lacking.

Citation
BK-A53KJ-74-03/2021 (Mahkamah Sesyen)
Parties
Plaintiff: DEVARAJAN A/L KUNASEKARAN; First Defendant: LEON NGIM CHONG; Second Defendant: TEE SOK KHIM
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 August 2023
Case Number
BK-A53KJ-74-03/2021 (Mahkamah Sesyen)
Procedural Posture
Personal Injury Motor Accident / Sessions Court Judgment on Quantum (liability Admitted: Defendants 90% / Plaintiff Contributory 10%)
Outcome
Judgment for plaintiff on quantum; defendants liable 90% with plaintiff 10% contributory but quantum awarded to plaintiff subject to overlapping deduction and interest
Legal Topics
Assessment of Damages, Contributory Negligence, Future Medical Expenses, Loss of Earnings, Overlapping Damages, Interest on Judgments, Reasonableness of Private Treatment Costs
Source Language
Malay/English
Torts Personal Injury Motor Accident Civil Procedure Damages Evidence Assessment of Damages Contributory Negligence +5 more

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Parties

DEVARAJAN A/L KUNASEKARAN

Plaintiff

LEON NGIM CHONG

First Defendant

TEE SOK KHIM

Second Defendant

Procedural Posture

Personal Injury Motor Accident / Sessions Court Judgment on Quantum (liability Admitted: Defendants 90% / Plaintiff Contributory 10%)

Legal Issues

  1. 1 Whether plaintiff proved loss of consciousness
  2. 2 Quantum for multiple lacerations and facial fractures
  3. 3 Award for intracranial bleed (head injury) and lung contusion

Ratio Decidendi

Plaintiff established liability and proved injuries on balance of probabilities but failed to justify private future treatment costs and loss of future earnings; awarded general damages (RM149,000 reduced by 10% overlapping = RM134,100), special damages RM26,264, costs for documents RM2,692.80, with prescribed interest rates; future private treatment awards reduced (one‑third practice) or nominal where justification lacking.

Court Disposition

Judgment for plaintiff on quantum; defendants liable 90% with plaintiff 10% contributory but quantum awarded to plaintiff subject to overlapping deduction and interest

Orders

  • General damages awarded RM149000 subject to 10% overlapping deduction resulting in RM134100
  • Special damages awarded RM26264 (includes hospital bills, future treatment reduced, actual loss of earning, and future pain and suffering)