1. ) SADIQ SODHY VEERASAMY 2. ) SODHY S/O KANDAPPAN VEERASAMY NUR AIMAN NAJMY NORAZMAN

1. ) SADIQ SODHY VEERASAMY 2. ) SODHY S/O KANDAPPAN VEERASAMY NUR AIMAN NAJMY NORAZMAN

The High Court affirmed the trial court's factual findings that the plaintiff failed to prove defendants were negligent on the balance of probabilities; where quantum was assessed the court found the trial awards to be fair, reasonable and in accordance with authorities and compendium guidance; accordingly both notices of appeal were dismissed and the trial court decision upheld with costs to be borne by the respective parties.

Citation
NA-12B-8-08/2024 (Mahkamah Tinggi)
Parties
Defendant/appellant: Sadiq Sodhy Veerasamy (No. Passport: S8730090J); Defendant/appellant: Sodhy s/o Kandappan Veerasamy (No. Passport: S0133584G); Plaintiff/respondent: Nur Aiman Najmy Norazman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 December 2024
Case Number
NA-12B-8-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
Notices of appeal NA-12B-8-08/2024 and NA-12B-7-08/2024 dismissed; decision of Sessions Court Kuala Pilah dated 30.7.2024 upheld
Legal Topics
Negligence, Liability, Quantum of Damages, Burden of Proof, Appellate Deference, Future Medical Costs
Source Language
Malay/English
Tort Personal Injury Road Traffic Law Evidence Law Civil Appeals Negligence Liability Quantum of Damages +3 more

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Parties

Sadiq Sodhy Veerasamy (No. Passport: S8730090J)

Defendant/appellant

Sodhy s/o Kandappan Veerasamy (No. Passport: S0133584G)

Defendant/appellant

Nur Aiman Najmy Norazman

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether Defendants were negligent in placing vehicle in emergency lane and whether such negligence caused the collision
  2. 2 Whether Plaintiff discharged burden of proof on balance of probabilities
  3. 3 Whether trial court awards for quantum were excessive or appropriate

Ratio Decidendi

The High Court affirmed the trial court's factual findings that the plaintiff failed to prove defendants were negligent on the balance of probabilities; where quantum was assessed the court found the trial awards to be fair, reasonable and in accordance with authorities and compendium guidance; accordingly both notices of appeal were dismissed and the trial court decision upheld with costs to be borne by the respective parties.

Court Disposition

Notices of appeal NA-12B-8-08/2024 and NA-12B-7-08/2024 dismissed; decision of Sessions Court Kuala Pilah dated 30.7.2024 upheld

Orders

  • Decision of Hakim Mahkamah Sesyen Kuala Pilah dated 30.7.2024 upheld
  • Notis Rayuan Defendan-Defendan (NA-12B-8-08/2024) dismissed