MUHAMMAD NAZREEN SHAH BIN TAMAT HOO SOOK PING (NO. K/P : XXXXXX-XX-XXXX)

MUHAMMAD NAZREEN SHAH BIN TAMAT HOO SOOK PING (NO. K/P : XXXXXX-XX-XXXX)

Appellant had right of way; respondent failed to discharge burden of proving appellant was speeding beyond legal limit or that his speed caused the collision; appellant is legally recognised as a person with disability (OKU) and entitled to an award for partial future loss of earnings; therefore respondent held 100% liable and awarded RM79,680 for future loss.

Citation
JB-12B-1-02/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Muhammad Nazreen Shah bin Tamat; Respondent/defendant: Hoo Sook Ping
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2020
Case Number
JB-12B-1-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Tort) / Judgment on Appeal to High Court (allowing Appeal)
Outcome
Appeal allowed; respondent held 100% liable; award for future loss of earnings granted and trial court's other quantum and interest affirmed
Legal Topics
Negligence, Contributory Negligence, Right of Way, Speed, Future Loss of Earnings, Admissibility of Traffic Compound, Proof of Disability
Source Language
Malay/English
Tort Traffic Law Personal Injury Disability Law Evidence Negligence Contributory Negligence Right of Way +4 more

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Parties

Muhammad Nazreen Shah bin Tamat

Appellant/plaintiff

Hoo Sook Ping

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury Tort) / Judgment on Appeal to High Court (allowing Appeal)

Legal Issues

  1. 1 Whether appellant had right of way at the time of collision
  2. 2 Whether respondent proved appellant was speeding such that contributory negligence applied
  3. 3 Whether appellant is entitled to award for partial future loss of earnings following recognition as a person with disability

Ratio Decidendi

Appellant had right of way; respondent failed to discharge burden of proving appellant was speeding beyond legal limit or that his speed caused the collision; appellant is legally recognised as a person with disability (OKU) and entitled to an award for partial future loss of earnings; therefore respondent held 100% liable and awarded RM79,680 for future loss.

Court Disposition

Appeal allowed; respondent held 100% liable; award for future loss of earnings granted and trial court's other quantum and interest affirmed

Orders

  • Appeal allowed with costs
  • Respondent to bear 100% liability