MUHAMAD IRFAN BIN KAMARUDDIN 1) AHMAD TAYMAYLLAH BIN HASHIM 2) SINAR PRODUKTIF TRADING [KT0176995 - X]

MUHAMAD IRFAN BIN KAMARUDDIN 1) AHMAD TAYMAYLLAH BIN HASHIM 2) SINAR PRODUKTIF TRADING [KT0176995 - X]

Where expert evidence and recognised compendia (RCPIA) show the trial award falls outside reasonable comparative ranges or fails to account for permanent disability and probable future treatment, an appellate court will adjust quantum; speculative future losses require expert foundation but may be awarded where experts indicate real risk.

Citation
DA-12B-25-10/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Muhamad Irfan bin Kamaruddin; Respondent 1 (driver): Ahmad Taymayyllah bin Hashim; Respondent 2 (owner/principal): Sinar Produktif Trading [KT0176995 - X]
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
DA-12B-25-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Motor Vehicle Accident) / Appeal From Sessions Court to High Court; Judgment on Appeal
Outcome
Appeal partly allowed in respect of specified quantum items and otherwise dismissed; liability apportionment by trial court unchanged.
Legal Topics
Quantum of Damages, Future Medical Expenses, Apportionment of Liability, Special Damages, Pecuniary and Non Pecuniary Loss
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accidents Damages Quantum of Damages Future Medical Expenses Apportionment of Liability Special Damages +1 more

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Parties

Muhamad Irfan bin Kamaruddin

Appellant/plaintiff

Ahmad Taymayyllah bin Hashim

Respondent 1 (driver)

Sinar Produktif Trading [KT0176995 - X]

Respondent 2 (owner/principal)

Procedural Posture

Civil Appeal (personal Injury Motor Vehicle Accident) / Appeal From Sessions Court to High Court; Judgment on Appeal

Legal Issues

  1. 1 whether the awards for specific injury items were adequate
  2. 2 whether certain future and special losses should be allowed and quantified
  3. 3 application of RCPIA and comparable authorities in assessing quantum

Ratio Decidendi

Where expert evidence and recognised compendia (RCPIA) show the trial award falls outside reasonable comparative ranges or fails to account for permanent disability and probable future treatment, an appellate court will adjust quantum; speculative future losses require expert foundation but may be awarded where experts indicate real risk.

Court Disposition

Appeal partly allowed in respect of specified quantum items and otherwise dismissed; liability apportionment by trial court unchanged.

Orders

  • Trial judge's assessment varied as follows: fracture sphenoidal roof increased to RM15,000.
  • Closed comminuted fracture of right patella award increased to RM40,000.