MOHD SUHAIMI BIN OTHMAN 1. ) MOHD AMIRUL HAFIZ BIN ISMAIL 2. ) NORIZATUL IRNIAFIRA BINTI MOHD SAYUTI

MOHD SUHAIMI BIN OTHMAN 1. ) MOHD AMIRUL HAFIZ BIN ISMAIL 2. ) NORIZATUL IRNIAFIRA BINTI MOHD SAYUTI

Session Court correctly found defendant 100% liable because defendant entered the emergency lane without signaling and stopped suddenly creating a hazardous situation; High Court will not disturb the Session Court's damages awards (RM65,000 general; RM10,400 loss of earnings; RM30,000 loss of earning capacity) as not manifestly excessive and will uphold 5% p.a. interest per Chief Justice practice direction.

Citation
DA-12B-23-07/2024 (Mahkamah Tinggi)
Parties
Appellant/defendan: Mohd Suhaimi bin Othman; Respondent/plaintiff: Mohd Amirul Hafiz bin Ismail; Respondent/plaintiff: Norizatul Irniafira binti Mohd Sayuti
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2025
Case Number
DA-12B-23-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Session Court (appeal Dismissed)
Outcome
Appeal dismissed; Session Court decision upheld with costs to respondents
Legal Topics
Liability Allocation, Quantum of Damages, General Damages for Nerve Injury, Loss of Earnings, Loss of Earning Capacity, Post Judgment Interest
Source Language
Malay/English
Tort Negligence Personal Injury Motor Vehicle Accident Civil Procedure Liability Allocation Quantum of Damages General Damages for Nerve Injury +3 more

Case Brief

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Parties

Mohd Suhaimi bin Othman

Appellant/defendan

Mohd Amirul Hafiz bin Ismail

Respondent/plaintiff

Norizatul Irniafira binti Mohd Sayuti

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Session Court (appeal Dismissed)

Legal Issues

  1. 1 Whether defendant liable 100% for accident
  2. 2 Whether Session Court award for general damages (RM65,000) was manifestly excessive
  3. 3 Whether loss of earnings (RM10,400) was properly awarded despite limited documentary proof

Ratio Decidendi

Session Court correctly found defendant 100% liable because defendant entered the emergency lane without signaling and stopped suddenly creating a hazardous situation; High Court will not disturb the Session Court's damages awards (RM65,000 general; RM10,400 loss of earnings; RM30,000 loss of earning capacity) as not manifestly excessive and will uphold 5% p.a. interest per Chief Justice practice direction.

Court Disposition

Appeal dismissed; Session Court decision upheld with costs to respondents

Orders

  • Appeal dismissed with costs to respondents
  • Session Court orders and awards upheld: general damages RM65,000 for right forearm injury