LEE MEE SHIANG 1. ) MUHAMMAD IZZUDDIN BIN BAKAR 2. ) MUHAMMAD HARIS BIN JUNAIDI

LEE MEE SHIANG 1. ) MUHAMMAD IZZUDDIN BIN BAKAR 2. ) MUHAMMAD HARIS BIN JUNAIDI

Court applied Compendium 2018 ranges and required credible medical causation for injuries; accepted those injuries and treatments supported by contemporaneous expert reports and evidence, rejected later MRI-based injuries for which causation was not adequately explained, found plaintiff failed to prove loss of future earning capacity given return to same job and proximity to retirement age, and awarded specific general and special damages accordingly on a 100% basis subject to the earlier recorded 50:50 liability apportionment.

Citation
JA-A53KJ-679-09/2020 (Mahkamah Sesyen)
Parties
Plaintiff: LEM MEE SHIANG; Defendant: MUHAMMAD IZZUDDIN BIN BAKAR; Defendant: MUHAMMAD HARIS BIN JUNAIDI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 October 2022
Case Number
JA-A53KJ-679-09/2020 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Personal Injury (claim for General and Special Damages) / Assessment of Damages (quantum) in Sessions Court; Plaintiff Appealed to High Court
Outcome
Plaintiff's claim allowed in part; awards made on a 100% basis for quantum; many contested claims refused for lack of evidence or causation; amounts subject to apportionment as liability recorded 50:50.
Legal Topics
Assessment of Damages, General Damages, Special Damages, Loss of Earning Capacity, Causation, Compendium 2018 Guidance, Burden of Proof
Source Language
Malay/English
Torts Personal Injury Motor Vehicle Accident Civil Procedure Evidence (expert Medical) Assessment of Damages General Damages Special Damages +4 more

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Parties

LEM MEE SHIANG

Plaintiff

MUHAMMAD IZZUDDIN BIN BAKAR

Defendant

MUHAMMAD HARIS BIN JUNAIDI

Defendant

Procedural Posture

Motor Vehicle Personal Injury (claim for General and Special Damages) / Assessment of Damages (quantum) in Sessions Court; Plaintiff Appealed to High Court

Legal Issues

  1. 1 Proper quantum for multiple injuries using Compendium 2018
  2. 2 Whether later MRI-based injuries were caused by the accident
  3. 3 Whether plaintiff proved loss of future earning capacity

Ratio Decidendi

Court applied Compendium 2018 ranges and required credible medical causation for injuries; accepted those injuries and treatments supported by contemporaneous expert reports and evidence, rejected later MRI-based injuries for which causation was not adequately explained, found plaintiff failed to prove loss of future earning capacity given return to same job and proximity to retirement age, and awarded specific general and special damages accordingly on a 100% basis subject to the earlier recorded 50:50 liability apportionment.

Court Disposition

Plaintiff's claim allowed in part; awards made on a 100% basis for quantum; many contested claims refused for lack of evidence or causation; amounts subject to apportionment as liability recorded 50:50.

Orders

  • General damages awarded (100%): RM81,000.00 comprising RM6,000.00 (left big toe open fracture), RM37,000.00 (right femur fracture), RM10,000.00 (scars), RM20,000.00 (Grade 1 ACL laxity), RM3,333.33 (one third of RM10,000.00 for implant removal), RM4,666.67 (one third of RM14,000.00 for physiotherapy).
  • Special damages allowed: RM11,236.13 comprising RM1,293.33 (loss of actual earnings for 1.5 months net of living expenses), RM210.00 (family travel to hospital), RM100.00 (clothing and personal items), RM139.00 (hospital bill receipt), RM5.00 (HSA treatment), RM60.00 (travel for follow-up), RM9,428.80 (Kang Xin Care...