AIN NABILA BINTI MD YUSOF 1. ) MAZRINA HANIM BINTI OTHMAN BASIR 2. ) UMI SURAYA BINTI DZUERWAN

AIN NABILA BINTI MD YUSOF 1. ) MAZRINA HANIM BINTI OTHMAN BASIR 2. ) UMI SURAYA BINTI DZUERWAN

On the balance of probabilities the Plaintiff's account was more consistent and corroborated by contemporaneous/silent evidence (police report, sketch, vehicle damage and bloodstains); the Sessions Court's factual findings that the second defendant caused the collision were not plainly wrong and were affirmed. The Sessions Court correctly applied legal principles in assessing quantum; the award for a Category 3 prosthesis was sustainable but the payment mechanism was varied so the RM505,000 future prosthesis allocation is to be held in the Plaintiff's solicitors' client account for Lazcorp Holdings Sdn Bhd. The Defendants' cross-appeal on interest was procedurally defective and could not...

Citation
AB-12B-2-11/2023 (Mahkamah Tinggi)
Parties
Defendant/appellant: MAZRINA HANIM BINTI OTHMAN BASIR; Defendant/appellant: UMI SURAYA BINTI DZUERWAN; Plaintiff/appellant: AIN NABILA BINTI MD YUSOF
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2024
Case Number
AB-12B-2-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (personal Injury/motor Vehicle) / Hearing and Judgment on Appeal
Outcome
Plaintiff's appeal allowed in part with costs; Defendants' appeal on liability dismissed; Defendants' cross-appeal on interest dismissed
Legal Topics
Liability, Quantum of Damages, Prosthetic Limb Award, Interest on Awards, Credibility of Witnesses, Appealability and Procedural Compliance
Source Language
Malay/English
Tort Negligence Personal Injury Motor Vehicle Accident Civil Procedure Evidence Law Liability Quantum of Damages +4 more

Case Brief

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Parties

MAZRINA HANIM BINTI OTHMAN BASIR

Defendant/appellant

UMI SURAYA BINTI DZUERWAN

Defendant/appellant

AIN NABILA BINTI MD YUSOF

Plaintiff/appellant

Procedural Posture

Civil Appeal From Sessions Court (personal Injury/motor Vehicle) / Hearing and Judgment on Appeal

Legal Issues

  1. 1 Direction of travel and point of impact
  2. 2 Whether the second defendant (driver) encroached into plaintiff's path (liability)
  3. 3 Whether contributory negligence on plaintiff should reduce liability

Ratio Decidendi

On the balance of probabilities the Plaintiff's account was more consistent and corroborated by contemporaneous/silent evidence (police report, sketch, vehicle damage and bloodstains); the Sessions Court's factual findings that the second defendant caused the collision were not plainly wrong and were affirmed. The Sessions Court correctly applied legal principles in assessing quantum; the award for a Category 3 prosthesis was sustainable but the payment mechanism was varied so the RM505,000 future prosthesis allocation is to be held in the Plaintiff's solicitors' client account for Lazcorp Holdings Sdn Bhd. The Defendants' cross-appeal on interest was procedurally defective and could not...

Court Disposition

Plaintiff's appeal allowed in part with costs; Defendants' appeal on liability dismissed; Defendants' cross-appeal on interest dismissed

Orders

  • Allow Plaintiff's appeal in part with costs
  • Dismiss Defendants' appeal on liability