1. ) ANNAD BIN HASSAN (SEBAGAI ORANG KETIDAKUPAYAAN YANG MENDAKWA MELALUI WAKIL LITIGASI LAZINDA BINTI HASSAN, KEDUA IAITU KAKAKNYA YANG SAH) 2. ) LAZINDA BINTI HASSAN LIM CHAI HOCK

1. ) ANNAD BIN HASSAN (SEBAGAI ORANG KETIDAKUPAYAAN YANG MENDAKWA MELALUI WAKIL LITIGASI LAZINDA BINTI HASSAN, KEDUA IAITU KAKAKNYA YANG SAH) 2. ) LAZINDA BINTI HASSAN LIM CHAI HOCK

On the balance of probabilities and guided by expert medical reports and the Compendium 2018, the court awarded specific sums for general and special damages reflecting the plaintiff's severe, permanent injuries, ongoing care needs and reasonable future costs; the court accepted plaintiffs' evidence for many items (including future private treatment, care, equipment and EPF employer contribution) and rejected defendant's challenges where evidence was sufficient; defendant's proposal to remit payments to Amanah Raya and to reduce awards for alleged overlap were denied.

Citation
WA-B53KJ-50-08/2022 (Mahkamah Sesyen)
Parties
Plaintiff (incapacitated; Suing Through Litigation Representative Lazinda Binti Hassan): Annad bin Hassan; Plaintiff / Litigation Representative: Lazinda binti Hassan; Defendant: Lim Chai Hock
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 March 2025
Case Number
WA-B53KJ-50-08/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Personal Injury (road Traffic Accident) / Judgment on Quantum; Defendant Filed Notice of Appeal Against Quantum
Outcome
Judgment entered for plaintiffs on quantum as assessed by the court; defendant subsequently filed notice of appeal against parts of the quantum
Legal Topics
Damages, Quantum, Future Care, Nursing Care, Loss of Earnings, EPF Employer Contributions, Medical Expenses, Adaptation and Equipment, Interest on Damages, Payment Administration
Source Language
Malay/English
Tort Personal Injury Road Traffic Law Civil Procedure Evidence Damages Quantum Future Care +7 more

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Parties

Annad bin Hassan

Plaintiff (incapacitated; Suing Through Litigation Representative Lazinda Binti Hassan)

Lazinda binti Hassan

Plaintiff / Litigation Representative

Lim Chai Hock

Defendant

Procedural Posture

Civil Personal Injury (road Traffic Accident) / Judgment on Quantum; Defendant Filed Notice of Appeal Against Quantum

Legal Issues

  1. 1 Appropriate quantum for general and special damages arising from severe traumatic brain injury and associated injuries
  2. 2 Assessment of future care costs and multiplier
  3. 3 Claim for employer EPF contributions

Ratio Decidendi

On the balance of probabilities and guided by expert medical reports and the Compendium 2018, the court awarded specific sums for general and special damages reflecting the plaintiff's severe, permanent injuries, ongoing care needs and reasonable future costs; the court accepted plaintiffs' evidence for many items (including future private treatment, care, equipment and EPF employer contribution) and rejected defendant's challenges where evidence was sufficient; defendant's proposal to remit payments to Amanah Raya and to reduce awards for alleged overlap were denied.

Court Disposition

Judgment entered for plaintiffs on quantum as assessed by the court; defendant subsequently filed notice of appeal against parts of the quantum

Orders

  • General damages: Severe traumatic brain injury RM400000
  • General damages: Right lung contusion RM4000