BONG CHEE MIN JACKNORIS GOLINJUN

BONG CHEE MIN JACKNORIS GOLINJUN

The High Court affirmed the Sessions Court finding that the Defendant was 100% liable based on the defendant's admission to the investigating officer, corroborative eyewitness evidence and overall assessment of credibility. On quantum the court partially varied the Sessions Court awards: awarded the actual cost of the bionic prosthesis (Orion 2) at MYR2,191,430.22; disallowed knee orthosis (MYR42,000) for lack of proper medical basis; reduced pre-trial househelp to MYR18,000 and post-trial househelp to MYR18,000 (36 months at MYR500/month); allowed actual loss of EPF contribution MYR9,069.12 as part of actual loss of earnings; reduced future loss of earnings to MYR117,000 and declined to...

Citation
JA-12B-71-07/2018 (Mahkamah Tinggi)
Parties
Appellant/defendant: Bong Chee Min; Respondent/plaintiff: Jacknoris Golinjun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2019
Case Number
JA-12B-71-07/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury/motor Accident) / High Court Appeal From Sessions Court Judgment
Outcome
Appeal dismissed in part and allowed in part; Defendant held 100% liable; quantum awards modified as per High Court orders; no order as to costs
Legal Topics
Negligence, Liability, Quantum of Damages, Admissions to Police, Corroboration, Expert Evidence (prosthetics), Loss of Earnings, EPF Contribution, Househelp Awards
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Law Evidence Civil Procedure Negligence Liability Quantum of Damages +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 9 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Bong Chee Min

Appellant/defendant

Jacknoris Golinjun

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury/motor Accident) / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Which party caused the collision (liability)
  2. 2 Admissibility and weight of defendant's admission to police and summons
  3. 3 Credibility and corroboration of eyewitness and investigating officer evidence

Ratio Decidendi

The High Court affirmed the Sessions Court finding that the Defendant was 100% liable based on the defendant's admission to the investigating officer, corroborative eyewitness evidence and overall assessment of credibility. On quantum the court partially varied the Sessions Court awards: awarded the actual cost of the bionic prosthesis (Orion 2) at MYR2,191,430.22; disallowed knee orthosis (MYR42,000) for lack of proper medical basis; reduced pre-trial househelp to MYR18,000 and post-trial househelp to MYR18,000 (36 months at MYR500/month); allowed actual loss of EPF contribution MYR9,069.12 as part of actual loss of earnings; reduced future loss of earnings to MYR117,000 and declined to...

Court Disposition

Appeal dismissed in part and allowed in part; Defendant held 100% liable; quantum awards modified as per High Court orders; no order as to costs

Orders

  • Defendant held 100% liable for the collision
  • Cost of prosthesis (Orion 2) awarded MYR2,191,430.22 to Plaintiff