MUHAMAD NURASYDAN BIN MOHD RAFI MOHAMAD FIRDAUS BIN HALIM

MUHAMAD NURASYDAN BIN MOHD RAFI MOHAMAD FIRDAUS BIN HALIM

The court accepted the plaintiff's uncontested testimony and demeanor as credible, applied Evidence Act s114(g) to infer unfavorable withheld evidence, found defendant 90% liable and plaintiff 10% contributorily negligent, and awarded damages of RM180,000 for severe traumatic brain injury, RM90,000 for right eye injury (global) and RM8,000 for future surgical costs after assessing expert reports and the Compendium ranges.

Citation
DA-A53KJ-371-06/2023 (Mahkamah Sesyen)
Parties
Plaintif: Muhamad Nurasydan bin Mohd Rafi; Defendan: Mohd Firdaus bin Halim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 November 2024
Case Number
DA-A53KJ-371-06/2023 (Mahkamah Sesyen)
Procedural Posture
Writ Saman (motor Vehicle Accident) / Appeal
Outcome
Appeal dismissed; court upheld liability apportionment and quantum awarded by the court
Legal Topics
Negligence, Contributory Negligence, Damages, Admissibility of Traffic Summons, Section 114(g) Evidence Act, Expert Evidence
Source Language
Malay/English
Tort Motor Vehicle Accident Personal Injury Civil Procedure Evidence Negligence Contributory Negligence Damages +3 more

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Parties

Muhamad Nurasydan bin Mohd Rafi

Plaintif

Mohd Firdaus bin Halim

Defendan

Procedural Posture

Writ Saman (motor Vehicle Accident) / Appeal

Legal Issues

  1. 1 Whether defendant was negligent and liable for the collision
  2. 2 Proper apportionment of contributory negligence
  3. 3 Admissibility and weight of investigating officer's evidence and traffic summons

Ratio Decidendi

The court accepted the plaintiff's uncontested testimony and demeanor as credible, applied Evidence Act s114(g) to infer unfavorable withheld evidence, found defendant 90% liable and plaintiff 10% contributorily negligent, and awarded damages of RM180,000 for severe traumatic brain injury, RM90,000 for right eye injury (global) and RM8,000 for future surgical costs after assessing expert reports and the Compendium ranges.

Court Disposition

Appeal dismissed; court upheld liability apportionment and quantum awarded by the court

Orders

  • Defendan to pay Plaintif RM180000.00 for severe traumatic brain injury (general damages)
  • Defendan to pay Plaintif RM90000.00 for right eye injury and orbital fracture (global general damages)