1. ) Murugesh a/l Krisha 2. ) Magalingam a/l Thanamani 1. ) Goo Soon Siang 2. ) Dan Teck Yon

1. ) Murugesh a/l Krisha 2. ) Magalingam a/l Thanamani 1. ) Goo Soon Siang 2. ) Dan Teck Yon

Applying settled authorities and the Revised Compendium 2018, the court awarded measured general and special damages based on medical evidence, allowed loss of earning capacity but rejected claim for future loss of earnings to age 55 and pain and suffering for future surgery due to lack of cogent evidence that such...

Source-derived case information.

Citation
JA-A53KJ-116-02/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Murugesh a/l Krishna; Plaintiff: Mahalingam a/l Thanamani; Defendant: Goo Soon Siang; Defendant: Dan Teck Yon
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 March 2022
Case Number
JA-A53KJ-116-02/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Claim Personal Injury (motor Vehicle Accident) / Assessment of Quantum (taksiran) in Session Court; Judgment Recorded
Outcome
Judgment for first plaintiff in part: quantum assessed and awarded in specified heads; certain claims dismissed (future pain and suffering for surgery; future loss of earnings)
Legal Topics
Quantum, General Damages, Special Damages, Loss of Earning Capacity, Future Surgery, Compendium Guidelines, Burden of Proof, Interest on Damages
Tort Personal Injury Road Traffic Accident Civil Procedure Damages Quantum General Damages Special Damages +5 more

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Parties

Murugesh a/l Krishna

Plaintiff

Mahalingam a/l Thanamani

Plaintiff

Goo Soon Siang

Defendant

Dan Teck Yon

Defendant

Procedural Posture

Civil Claim Personal Injury (motor Vehicle Accident) / Assessment of Quantum (taksiran) in Session Court; Judgment Recorded

  1. 1 Quantum assessment for first plaintiff only
  2. 2 Whether to award pain and suffering for future surgery
  3. 3 Whether plaintiff proved future loss of earnings or only loss of earning capacity

Ratio Decidendi

Applying settled authorities and the Revised Compendium 2018, the court awarded measured general and special damages based on medical evidence, allowed loss of earning capacity but rejected claim for future loss of earnings to age 55 and pain and suffering for future surgery due to lack of cogent evidence that such surgeries will necessarily occur; awarded specified sums for each injury, allowed 2/3 of agreed private hospital bills and 1/3 of projected future surgery costs, ordered interest and costs as stated.

Court Disposition

Judgment for first plaintiff in part: quantum assessed and awarded in specified heads; certain claims dismissed (future pain and suffering for surgery; future loss of earnings)

Orders

  • General damages awarded as assessed in reasons (itemised in judgment)
  • Special damages awarded as assessed in reasons (itemised in judgment)