DHARMALINGAM A/L SANGAMANY 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE INSURANS (MALAYSIA) BERHAD

DHARMALINGAM A/L SANGAMANY 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE INSURANS (MALAYSIA) BERHAD

On independent re-hearing the High Court affirmed the Sessions Court: the appellant failed to prove the amputations and other contested injuries were caused by the accident; contemporaneous medical and police evidence and witness credibility did not support the appellant’s account; claims for loss of consciousness, scarring and soft tissue injuries were disallowed for lack of medical basis; the prosthetic award was assessed in line with SD1/SD2 recommendations; loss of earnings was assessed at RM800 per month under s.28A Civil Law Act 1956; the appellant’s appeals on liability and the counterclaim were dismissed; costs of RM5,000 awarded to the second respondent.

Citation
BA-12B-43-04/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Dharmalingam a/l Sangamany; First Respondent/defendant: Sivakumar a/l Rajagopal; Second Respondent/defendant: Tokio Marine Insurans (Malaysia) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 April 2025
Case Number
BA-12B-43-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury/road Traffic) / High Court Re Hearing (appeal From Sessions Court)
Outcome
Appeal dismissed; Sessions Court findings on liability and counterclaim affirmed
Legal Topics
Liability, Causation (pre Existing Injury Vs Accident), Quantum of Damages, Counterclaim Under Insurance Policy, Insurer Intervention, Evidence Credibility, Medical Evidence, Prosthetics, Loss of Earnings
Source Language
Malay/English
Tort Road Traffic Law Insurance Law Personal Injury Civil Procedure Liability Causation (pre Existing Injury Vs Accident) Quantum of Damages +6 more

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Parties

Dharmalingam a/l Sangamany

Appellant/plaintiff

Sivakumar a/l Rajagopal

First Respondent/defendant

Tokio Marine Insurans (Malaysia) Berhad

Second Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury/road Traffic) / High Court Re Hearing (appeal From Sessions Court)

Legal Issues

  1. 1 Whether the appellant’s amputations and other injuries were caused by the 17 Feb 2018 accident or were pre-existing
  2. 2 Authenticity and probative value of vehicle damage and scene photographs
  3. 3 Credibility and consistency of witness testimony and contemporaneous medical/police records

Ratio Decidendi

On independent re-hearing the High Court affirmed the Sessions Court: the appellant failed to prove the amputations and other contested injuries were caused by the accident; contemporaneous medical and police evidence and witness credibility did not support the appellant’s account; claims for loss of consciousness, scarring and soft tissue injuries were disallowed for lack of medical basis; the prosthetic award was assessed in line with SD1/SD2 recommendations; loss of earnings was assessed at RM800 per month under s.28A Civil Law Act 1956; the appellant’s appeals on liability and the counterclaim were dismissed; costs of RM5,000 awarded to the second respondent.

Court Disposition

Appeal dismissed; Sessions Court findings on liability and counterclaim affirmed

Orders

  • Appellant's appeal dismissed
  • Counterclaim: appellant's challenge dismissed (counterclaim upheld)