1. ) MUHAMAD AZHARUL ASWAD BIN ABD RAZAK 2. ) ABD RAZAK BIN MOHD AMIN SULAIMAN BIN SAKEK

1. ) MUHAMAD AZHARUL ASWAD BIN ABD RAZAK 2. ) ABD RAZAK BIN MOHD AMIN SULAIMAN BIN SAKEK

The High Court upheld the Sessions Judge's factual findings on liability because the trial judge's credibility assessments were reasonable and supported by circumstantial evidence; however, on quantum the court reduced awards where they were unsupported by the medical evidence or exceeded recognized compendia and where overlapping awards occurred, and set aside an award for future loss of earnings for lack of proper evidential basis and failure to apply required tests for prospective loss.

Citation
JA-12B-23-08/2021 (Mahkamah Tinggi)
Parties
Appellant; Defendant: MUHAMMAD AZHARUL ASWAD BIN ABD RAZAK; Appellant; Defendant: ABD RAZAK BIN MOHD AMIN; Respondent; Plaintiff: SULAIMAN BIN SAKEK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2023
Case Number
JA-12B-23-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Road Traffic Accident) / High Court Hearing on Appeal From Sessions Court Decision; Judgment on Liability and Quantum
Outcome
Appeal dismissed in part and allowed in part: liability appeal dismissed (100% negligence against defendants affirmed); quantum appeal allowed in part with specified reductions and one head (future loss of earnings) set aside; costs RM5,000 awarded to defendants against plaintiff subject to allocatur.
Legal Topics
Liability, Assessment of Damages, Quantum of General and Special Damages, Circumstantial Evidence, Credibility of Witnesses, Future Loss of Earnings, Overlapping Awards, Appeal Standards
Source Language
Malay/English
Tort Personal Injury Road Traffic Accident Civil Procedure Liability Assessment of Damages Quantum of General and Special Damages Circumstantial Evidence +4 more

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Parties

MUHAMMAD AZHARUL ASWAD BIN ABD RAZAK

Appellant; Defendant

ABD RAZAK BIN MOHD AMIN

Appellant; Defendant

SULAIMAN BIN SAKEK

Respondent; Plaintiff

Procedural Posture

Civil Appeal (personal Injury Road Traffic Accident) / High Court Hearing on Appeal From Sessions Court Decision; Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether trial judge erred in finding 100% negligence against defendants
  2. 2 Whether awards for specific injury items and future loss were excessive or unsupported by evidence
  3. 3 Whether overlapping awards were made for related injuries

Ratio Decidendi

The High Court upheld the Sessions Judge's factual findings on liability because the trial judge's credibility assessments were reasonable and supported by circumstantial evidence; however, on quantum the court reduced awards where they were unsupported by the medical evidence or exceeded recognized compendia and where overlapping awards occurred, and set aside an award for future loss of earnings for lack of proper evidential basis and failure to apply required tests for prospective loss.

Court Disposition

Appeal dismissed in part and allowed in part: liability appeal dismissed (100% negligence against defendants affirmed); quantum appeal allowed in part with specified reductions and one head (future loss of earnings) set aside; costs RM5,000 awarded to defendants against plaintiff subject to allocatur.

Orders

  • Liability of defendants affirmed as 100% negligent and jointly liable with owner-defendant.
  • Reduce general damages for closed left subtrochanteric femur fracture from RM45,000.00 to RM22,000.00.