1. ) Ab Rashid Bin Rause (Menuntut Sebagai Bapa Dan Orang Tanggungan Yang Sah Kepada Muhammad Faizal Bin Ab Rashid (No. Kp: 990724-07-5485) Si Mati Dan Bagi Orang-orang Tanggungan Yang Lain) 2. ) Muhammad Faizal Bin Ab Rashid XXXX

1. ) Ab Rashid Bin Rause (Menuntut Sebagai Bapa Dan Orang Tanggungan Yang Sah Kepada Muhammad Faizal Bin Ab Rashid (No. Kp: 990724-07-5485) Si Mati Dan Bagi Orang-orang Tanggungan Yang Lain) 2. ) Muhammad Faizal Bin Ab Rashid XXXX

On the facts the High Court allowed the appeal on quantum, finding evidence supported a deduction of one-half (½) of the deceased's net monthly income (RM1,170) as reasonable for the deceased's own living expenses; quantum for loss of dependency was recalculated at RM112,320 (½ x RM1,170 x 196 months) and costs of RM3,000 awarded to the appellant; appellate interference was justified because the Sessions Court's allowance required correction on the facts and proper application of principles.

Citation
PA-12B-19-07/2021 (Mahkamah Tinggi)
Parties
Appellant (perayu): Ab Rashid Bin Rause; Respondent: Lim Bing Shun (litigation representative)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2022
Case Number
PA-12B-19-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Concerning Fatal Accident Dependency Claim (loss of Dependency) / High Court Judgment on Appeal From Sessions Court (assessment of Quantum)
Outcome
Appeal allowed in part; quantum increased and costs awarded to appellant
Legal Topics
Loss of Dependency, Quantum of Damages, Deduction for Deceased's Living Expenses, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Damages Fatal Accident Claims Loss of Dependency Quantum of Damages Deduction for Deceased's Living Expenses Standard of Appellate Review

Case Brief

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Parties

Ab Rashid Bin Rause

Appellant (perayu)

Lim Bing Shun (litigation representative)

Respondent

Procedural Posture

Civil Appeal Concerning Fatal Accident Dependency Claim (loss of Dependency) / High Court Judgment on Appeal From Sessions Court (assessment of Quantum)

Legal Issues

  1. 1 Whether the trial court correctly decided the percentage deduction from the deceased's income for his own living expenses
  2. 2 What proportion of the deceased's income should be deductible when assessing loss of dependency
  3. 3 Whether the appellate court should interfere with the trial court's factual findings (plainly wrong test)

Ratio Decidendi

On the facts the High Court allowed the appeal on quantum, finding evidence supported a deduction of one-half (½) of the deceased's net monthly income (RM1,170) as reasonable for the deceased's own living expenses; quantum for loss of dependency was recalculated at RM112,320 (½ x RM1,170 x 196 months) and costs of RM3,000 awarded to the appellant; appellate interference was justified because the Sessions Court's allowance required correction on the facts and proper application of principles.

Court Disposition

Appeal allowed in part; quantum increased and costs awarded to appellant

Orders

  • Quantum for loss of dependency fixed at RM112,320 (calculated as 1/2 x RM1,170 x 196 months)
  • Costs of RM3,000 to be paid to the appellant