JOHNSON A/L AROKIAM 1. ) MONG XIN YAO 2. ) MONG WAI MUN

JOHNSON A/L AROKIAM 1. ) MONG XIN YAO 2. ) MONG WAI MUN

Medical and contemporaneous documentary evidence established head injury and subsequent cerebral achromatopsia caused by the accident; Dr Saras' suggestion of malingering lacked supporting objective evidence and VEP is not conclusively determinative; appellate court substituted quantum, awarding RM100,000 for cerebral achromatopsia and RM504,000 for future loss (RM6,000 x 126 months less one‑third mitigation) and ordered costs of RM5,000.

Citation
WA-12B-NCVC-75-09/2020 (Mahkamah Tinggi)
Parties
Appellant (plaintiff): JOHNSON A/L AROKIAM; Respondent (driver): MONG XIN YAO; Respondent (owner): MONG WAI MUN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 June 2021
Case Number
WA-12B-NCVC-75-09/2020 (Mahkamah Tinggi)
Procedural Posture
Personal Injury Civil Appeal / High Court Appeal on Quantum From Sessions Court
Outcome
Appeal allowed on quantum; Sessions Court's quantum set aside and replaced
Legal Topics
Negligence, Quantum of Damages, Causation, Medical Evidence, Loss of Future Earnings, Cerebral Achromatopsia (loss of Colour Vision)
Source Language
Malay/English
Tort Personal Injury Evidence Negligence Quantum of Damages Causation Medical Evidence Loss of Future Earnings +1 more

Case Brief

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Parties

JOHNSON A/L AROKIAM

Appellant (plaintiff)

MONG XIN YAO

Respondent (driver)

MONG WAI MUN

Respondent (owner)

Procedural Posture

Personal Injury Civil Appeal / High Court Appeal on Quantum From Sessions Court

Legal Issues

  1. 1 Whether the plaintiff's cerebral achromatopsia was caused by the 21.6.2013 accident
  2. 2 Whether the plaintiff suffered loss of future earnings as a result of the injuries
  3. 3 Whether the Sessions Court judge erred in findings and assessment of quantum for cerebral achromatopsia and future loss

Ratio Decidendi

Medical and contemporaneous documentary evidence established head injury and subsequent cerebral achromatopsia caused by the accident; Dr Saras' suggestion of malingering lacked supporting objective evidence and VEP is not conclusively determinative; appellate court substituted quantum, awarding RM100,000 for cerebral achromatopsia and RM504,000 for future loss (RM6,000 x 126 months less one‑third mitigation) and ordered costs of RM5,000.

Court Disposition

Appeal allowed on quantum; Sessions Court's quantum set aside and replaced

Orders

  • Award RM100000.00 for cerebral achromatopsia (loss of colour vision)
  • Award RM504000.00 for loss of future earnings