Wan Kam Sang Sebagai Wakil Diri Dan Atau Pentadbir Kepada Harta Pusaka Wan Mee Fong, Simati LIM CHIA WEE

Wan Kam Sang Sebagai Wakil Diri Dan Atau Pentadbir Kepada Harta Pusaka Wan Mee Fong, Simati LIM CHIA WEE

The Sessions Judge did not misapply legal principles: deductions for overlapping injuries are permissible and the 10% overlap and subsequent 30% reduction for death after the accident were within principles supported by authority; future surgical costs were properly disallowed because intervening death rendered such surgeries unnecessary and statutory exclusions apply; therefore the appellant's challenge to quantum fails and the appeal is dismissed.

Citation
JA-12B-97-12/2020 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Wan Kam Sang (representing himself and/or as executor of the estate of Wan Mee Fong, deceased); Respondent / Defendant: Lim Chia Wee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 May 2022
Case Number
JA-12B-97-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) Consolidated With Sessions Court Civil Suit / Appellate Judgment on Quantum of Damages
Outcome
Plaintiff's appeal dismissed
Legal Topics
Overlapping Injuries Deduction, Quantum of General Damages, Future Medical Expenses by Estate, Effect of Death on Causes of Action, Interpretation of Civil Law Act 1956 S8(2)(a)
Source Language
Malay/English
Torts Civil Procedure Damages Succession Law Overlapping Injuries Deduction Quantum of General Damages Future Medical Expenses by Estate Effect of Death on Causes of Action +1 more

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Parties

Wan Kam Sang (representing himself and/or as executor of the estate of Wan Mee Fong, deceased)

Appellant / Plaintiff

Lim Chia Wee

Respondent / Defendant

Procedural Posture

Civil Appeal (personal Injury) Consolidated With Sessions Court Civil Suit / Appellate Judgment on Quantum of Damages

Legal Issues

  1. 1 Whether deduction for overlapping injuries was excessive and unlawful
  2. 2 Whether Sessions Judge failed to account for combined effect of multiple injuries
  3. 3 Whether 30% deduction from general damages was justified because the deceased died 23 months after accident from unrelated cause

Ratio Decidendi

The Sessions Judge did not misapply legal principles: deductions for overlapping injuries are permissible and the 10% overlap and subsequent 30% reduction for death after the accident were within principles supported by authority; future surgical costs were properly disallowed because intervening death rendered such surgeries unnecessary and statutory exclusions apply; therefore the appellant's challenge to quantum fails and the appeal is dismissed.

Court Disposition

Plaintiff's appeal dismissed

Orders

  • Appeal dismissed with no order as to costs