1. ) MUHAMMAD RASIDI BIN MAZLAN 2. ) SALAHUDIN BIN MAZLAN AHMAD KHAIRUL AMIN BIN AHMAD KHIR JOHARI

1. ) MUHAMMAD RASIDI BIN MAZLAN 2. ) SALAHUDIN BIN MAZLAN AHMAD KHAIRUL AMIN BIN AHMAD KHIR JOHARI

The High Court found the Majistret erred in allocating 100% liability to the defendant; on appellate review the court apportioned liability 60% to the defendant (Perayu Pertama) and 40% contributory negligence to the plaintiff (Responden); upheld general damages awarded (RM26,000) but held only medical expenses...

Source-derived case information.

Citation
BA-11B-46-12/2024 (Mahkamah Tinggi)
Parties
Appellant: Muhammad Rasidi bin Mazlan & Anor; Respondent: Ahmad Khairul Amin bin Ahmad Khir Johari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 July 2025
Case Number
BA-11B-46-12/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal
Outcome
Appeal allowed in part; trial court findings on liability set aside and liability apportioned between parties; quantum adjusted regarding special damages.
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Special Damages (medical Expenses), Appellate Intervention Standards, Evidence (cctv, Police Investigation)
Tort Road Traffic Law Personal Injury Insurance Law Civil Procedure (appeal) Negligence Contributory Negligence Quantum of Damages +3 more

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Parties

Muhammad Rasidi bin Mazlan & Anor

Appellant

Ahmad Khairul Amin bin Ahmad Khir Johari

Respondent

Procedural Posture

Civil Appeal / Appeal

  1. 1 whether the trial court was correct to find defendant 100% liable
  2. 2 whether plaintiff contributed to the accident (contributory negligence) and appropriate apportionment of liability
  3. 3 whether medical expenses paid by insurer can be recovered as special damages by plaintiff

Ratio Decidendi

The High Court found the Majistret erred in allocating 100% liability to the defendant; on appellate review the court apportioned liability 60% to the defendant (Perayu Pertama) and 40% contributory negligence to the plaintiff (Responden); upheld general damages awarded (RM26,000) but held only medical expenses actually paid by the plaintiff (RM1,043.25) constitute recoverable special damages, deducting insurer-paid amounts (RM19,178.70); awarded costs RM3,000 in favour of the appellants, subject to taxation.

Court Disposition

Appeal allowed in part; trial court findings on liability set aside and liability apportioned between parties; quantum adjusted regarding special damages.

Orders

  • Liability apportioned 60% to Perayu Pertama/Defendan Pertama and 40% to Responden/Plaintiff (contributory negligence).
  • General damages award of RM26,000 maintained in favour of the plaintiff.