1. ) LIM JUN WU 2. ) YEOH HOCK KOON 1. ) TINAH BINTI OSMAN 2. ) NORFAIZAH BINTI KARIM

1. ) LIM JUN WU 2. ) YEOH HOCK KOON 1. ) TINAH BINTI OSMAN 2. ) NORFAIZAH BINTI KARIM

The High Court held the Session Court Judge did not act on wrong principles nor misapprehend facts and therefore the quantum awards were not manifestly excessive; awards for osteoarthritis, multiple pelvic fractures and right acetabulum, cost of care (RM537,913.90) and future medical expenses were reasonable and...

Source-derived case information.

Citation
JA-12B-10-04/2024 (Mahkamah Tinggi)
Parties
Appellant: LIM JUN WU; Appellant: YEOH HOCK KOON; Respondent: TINAH BIN OSMAN; Respondent: NORFAIZAN BINTI KARIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
JA-12B-10-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Session Court / Judgment on Quantum; Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Cost of Care, Future Medical Expenses, Overlapping Injuries, Appellate Intervention, Osteoarthritis, Pelvic Fracture
Tort Personal Injury Civil Procedure Quantum of Damages Cost of Care Future Medical Expenses Overlapping Injuries Appellate Intervention +2 more

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Summary, issues, holding and outcome

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Parties

LIM JUN WU

Appellant

YEOH HOCK KOON

Appellant

TINAH BIN OSMAN

Respondent

NORFAIZAN BINTI KARIM

Respondent

Procedural Posture

Civil Appeal From Session Court / Judgment on Quantum; Appeal Dismissed

Legal Issues

  1. 1 Whether the quantum awarded by the Session Court Judge was manifestly excessive
  2. 2 Whether separate awards for overlapping injuries (pelvis and acetabulum) were permissible
  3. 3 Whether full‑time domestic care (cost of care) was justified

Ratio Decidendi

The High Court held the Session Court Judge did not act on wrong principles nor misapprehend facts and therefore the quantum awards were not manifestly excessive; awards for osteoarthritis, multiple pelvic fractures and right acetabulum, cost of care (RM537,913.90) and future medical expenses were reasonable and supported by expert evidence and legal authorities; appeal dismissed and costs awarded to respondents.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Appellants to pay costs of RM5,000.00 subject to allocator fees to the Respondents within fourteen (14) days from date of order.