Kuganeswaaran A/l Selvam Zainal Bin Tajuddin

Kuganeswaaran A/l Selvam Zainal Bin Tajuddin

Trial judge failed to analyze medical and oral evidence and largely adopted plaintiff's claimed sums without reasons; appellate court was therefore justified to interfere. Quantum awards were varied where unsupported: right acetabulum reduced to MYR 30,000; right L3-L5 transverse process fracture reduced to MYR 40,000; Grade 1 renal injury reduced to MYR 12,000; extraperitoneal bladder injury reduced to MYR 10,000; bilateral gluteal laceration reduced to MYR 5,000; right foot drop award set aside (MYR 0); future prosthetic/supportive equipment award reduced by one third to MYR 369,233.34; pre-trial loss of earnings reduced to MYR 6,820.66 for seven months with 1/3 contingency deduction;...

Citation
JB-12BNCvC-11-06/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Zainal bin Tajuddin; Respondent/plaintiff: Kuganeswaaran a/l Selvam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 April 2024
Case Number
JB-12BNCvC-11-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (personal Injury/motor Accident) / Judgment on Appeal (high Court)
Outcome
Appeal dismissed on liability; appeal allowed in part on quantum and awards varied as detailed; each party to bear their own costs of the appeal; Sessions Court costs maintained except specified deduction.
Legal Topics
Liability, Quantum of Damages, Special Damages, Future Loss of Earnings, Appellate Intervention, Costs, Medical Evidence
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Law Civil Procedure (appeal) Liability Quantum of Damages Special Damages Future Loss of Earnings +3 more

Case Brief

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Parties

Zainal bin Tajuddin

Appellant/defendant

Kuganeswaaran a/l Selvam

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court (personal Injury/motor Accident) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether appellate court should interfere with trial judge's quantum awards
  2. 2 Appropriate quantum for specific injuries (acetabulum fracture; L3-L5 transverse process fracture; renal injury; bladder injury; gluteal lacerations; foot drop)
  3. 3 Whether future prosthetic/supportive device costs should be discounted for contingencies

Ratio Decidendi

Trial judge failed to analyze medical and oral evidence and largely adopted plaintiff's claimed sums without reasons; appellate court was therefore justified to interfere. Quantum awards were varied where unsupported: right acetabulum reduced to MYR 30,000; right L3-L5 transverse process fracture reduced to MYR 40,000; Grade 1 renal injury reduced to MYR 12,000; extraperitoneal bladder injury reduced to MYR 10,000; bilateral gluteal laceration reduced to MYR 5,000; right foot drop award set aside (MYR 0); future prosthetic/supportive equipment award reduced by one third to MYR 369,233.34; pre-trial loss of earnings reduced to MYR 6,820.66 for seven months with 1/3 contingency deduction;...

Court Disposition

Appeal dismissed on liability; appeal allowed in part on quantum and awards varied as detailed; each party to bear their own costs of the appeal; Sessions Court costs maintained except specified deduction.

Orders

  • Defendant remains 100% liable for the accident (liability upheld)
  • Right acetabulum fracture award reduced to MYR 30000.00