LEE KOY @ LEE YEE CHEONG 1. ) SUNNY HENG 2. ) CHIANG LI HUAN

LEE KOY @ LEE YEE CHEONG 1. ) SUNNY HENG 2. ) CHIANG LI HUAN

Court found plaintiff proved causation between the road accident and prolonged disability leading to death and awarded full general damages for the injuries sustained (total RM150,000) without reduction despite death occurring 2 years 10 months after the accident; funeral expenses of RM18,488 were allowed as special...

Source-derived case information.

Citation
JA-A53KJ-530-08/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Lee Pek Wai (representative of the estate of Lee Koy @ Lee Yee Cheong); Defendant: Sunny Heng; Defendant: Chiang Li Huan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 December 2022
Case Number
JA-A53KJ-530-08/2021 (Mahkamah Sesyen)
Procedural Posture
Writ (personal Injury/fatal Accident) / Judgment After Full Trial; Appeal by Defendants on Quantum Recorded
Outcome
Judgment for Plaintiff in part; damages awarded and costs to Plaintiff with interest as ordered
Legal Topics
General Damages, Special Damages, Quantum, Funeral Expenses, Interest, Liability Apportionment
Civil Tort Personal Injury Road Traffic Accident General Damages Special Damages Quantum Funeral Expenses +2 more

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Parties

Lee Pek Wai (representative of the estate of Lee Koy @ Lee Yee Cheong)

Plaintiff

Sunny Heng

Defendant

Chiang Li Huan

Defendant

Procedural Posture

Writ (personal Injury/fatal Accident) / Judgment After Full Trial; Appeal by Defendants on Quantum Recorded

  1. 1 Whether general damages should be reduced because the deceased died 2 years 10 months after the accident
  2. 2 Whether funeral expenses are recoverable as special damages
  3. 3 Apportionment of liability between parties

Ratio Decidendi

Court found plaintiff proved causation between the road accident and prolonged disability leading to death and awarded full general damages for the injuries sustained (total RM150,000) without reduction despite death occurring 2 years 10 months after the accident; funeral expenses of RM18,488 were allowed as special damages on proof; liability apportioned 50% to each defendant; interest and costs ordered as specified.

Court Disposition

Judgment for Plaintiff in part; damages awarded and costs to Plaintiff with interest as ordered

Orders

  • Liability apportioned 50% to each defendant
  • General damages awarded RM150,000 comprising RM100,000 (severe head injury), RM22,000 (closed fracture left midshaft radius and ulna), RM22,000 (closed fracture left midshaft tibia and fibula), RM6,000 (left lung contusion)