MOHD FAZID BIN SULONG MOHD ANIM BIN MOHD TAMIN

MOHD FAZID BIN SULONG MOHD ANIM BIN MOHD TAMIN

Appeal allowed in part because evidence (including expert medical evidence) supported physiotherapy and future surgeries and the Moeliker/Yang Yap Fong tests for future loss were satisfied. The court used the plaintiff's pre-accident earnings as the proper benchmark rather than statutory minimum wage, increased the surgery awards to RM3,000 each, and awarded RM1,200/month for 10 years for loss of earning capacity (RM144,000) while rejecting duplicative claims to avoid double recovery.

Citation
JB-12B-3-03/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Fazid bin Sulong; Respondent/defendant: Mohd Anim bin Mohd Tamin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2021
Case Number
JB-12B-3-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury (motor Accident) / Appeal on Quantum (high Court, Muar)
Outcome
appeal allowed in part; quantum adjusted
Legal Topics
Future Loss of Earnings, Special Damages (medical/physiotherapy), Calculation of Damages, Double Recovery/overlap, Statutory Minimum Wage Impact
Source Language
Malay/English
Tort Personal Injury Motor Accident Damages Law Employment/minimum Wage Law Future Loss of Earnings Special Damages (medical/physiotherapy) Calculation of Damages +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mohd Fazid bin Sulong

Appellant/plaintiff

Mohd Anim bin Mohd Tamin

Respondent/defendant

Procedural Posture

Civil Appeal Personal Injury (motor Accident) / Appeal on Quantum (high Court, Muar)

Legal Issues

  1. 1 Entitlement to compensation for future loss of earning capacity
  2. 2 Claim for physiotherapy expenses
  3. 3 Claim for two future surgeries and quantum

Ratio Decidendi

Appeal allowed in part because evidence (including expert medical evidence) supported physiotherapy and future surgeries and the Moeliker/Yang Yap Fong tests for future loss were satisfied. The court used the plaintiff's pre-accident earnings as the proper benchmark rather than statutory minimum wage, increased the surgery awards to RM3,000 each, and awarded RM1,200/month for 10 years for loss of earning capacity (RM144,000) while rejecting duplicative claims to avoid double recovery.

Court Disposition

appeal allowed in part; quantum adjusted

Orders

  • Physiotherapy expenses RM2,520.00 awarded to appellant
  • Future surgeries awarded RM6,000.00 in total (RM3,000.00 each for two surgeries)