1. ) MUHAMMAD AMRI BIN OMAR 2. ) MOHD FAUZY BIN RAMLEY NG SAI CHEONG

1. ) MUHAMMAD AMRI BIN OMAR 2. ) MOHD FAUZY BIN RAMLEY NG SAI CHEONG

Plaintiff 1 proved on the balance of probabilities that he was employed and entitled to past loss of earnings for the certified sick leave period (March 2019–January 2020) at RM1,800/month; however, documentary inconsistencies, conflicting payslips/Borang A and lack of medical evidence of lasting diminished capacity meant the court would not award further past loss beyond certified sick leave or any partial future loss. The burden of proof on quantum and future earning capacity remained with the plaintiff and was not discharged for those claims.

Citation
AA-A53KJ-324-08/2020 (Mahkamah Sesyen)
Parties
Plaintiff 1: MUHAMMAD AMRI BIN OMAR; Plaintiff 2: MOHD FAUZY BIN RAMLEY; Defendant: NG SAI CHEONG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 July 2023
Case Number
AA-A53KJ-324-08/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Claim Motor Vehicle Accident / Personal Injury / Judgment of Sessions Court
Outcome
Judgment: liability established in favour of plaintiffs; limited damages awarded to Plaintiff 1 for past loss of earnings only; claims for additional past loss and for partial loss of future earnings dismissed.
Legal Topics
Loss of Earnings, Loss of Future Earnings (partial), Burden of Proof, Quantum Assessment, Documentary Evidence
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accidents Evidence Law Damages Loss of Earnings Loss of Future Earnings (partial) Burden of Proof +2 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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MUHAMMAD AMRI BIN OMAR

Plaintiff 1

MOHD FAUZY BIN RAMLEY

Plaintiff 2

NG SAI CHEONG

Defendant

Procedural Posture

Civil Claim Motor Vehicle Accident / Personal Injury / Judgment of Sessions Court

Legal Issues

  1. 1 Whether Plaintiff 1 was employed and earning RM1,800 per month at time of accident
  2. 2 Whether Plaintiff 1 is entitled to past loss of earnings for period March 2019–January 2020
  3. 3 Whether Plaintiff 1 is entitled to further past loss (Feb–Jul 2020) beyond certified sick leave

Ratio Decidendi

Plaintiff 1 proved on the balance of probabilities that he was employed and entitled to past loss of earnings for the certified sick leave period (March 2019–January 2020) at RM1,800/month; however, documentary inconsistencies, conflicting payslips/Borang A and lack of medical evidence of lasting diminished capacity meant the court would not award further past loss beyond certified sick leave or any partial future loss. The burden of proof on quantum and future earning capacity remained with the plaintiff and was not discharged for those claims.

Court Disposition

Judgment: liability established in favour of plaintiffs; limited damages awarded to Plaintiff 1 for past loss of earnings only; claims for additional past loss and for partial loss of future earnings dismissed.

Orders

  • Defendant to pay Plaintiff 1 RM19800.00 for past loss of earnings (RM1,800.00 x 11 months for March 2019 to January 2020)
  • All other claims for loss (March 2019–July 2020 beyond certified sick leave) and claim for partial future loss (RM900/month) are dismissed