NOOR ASPA BIN AHMAD ZAWAYAN (NO.K/P: 810211-06-5299) KAMAL BIN MOHAMAD MOKHTAR ( NO. K/P: 710721-71-5003)

NOOR ASPA BIN AHMAD ZAWAYAN (NO.K/P: 810211-06-5299) KAMAL BIN MOHAMAD MOKHTAR ( NO. K/P: 710721-71-5003)

The appeal was dismissed because the appellant failed to demonstrate a serious miscarriage of justice or any error of law or principle warranting interference; the Sessions Court's assessment of quantum, interest and costs was within its discretion and is therefore affirmed.

Citation
JA-12B-38-08/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Noor Aspa bin Ahmad Zawayan; Respondent/plaintiff: Kamal bin Mohamad Mokhtar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 June 2020
Case Number
JA-12B-38-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident/personal Injury) / Appeal on Quantum Only (high Court Hearing and Decision)
Outcome
Appeal dismissed; decision of the Learned Sessions Court Judge affirmed.
Legal Topics
Quantum of Damages, Liability Apportionment, Interest on Damages, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Quantum of Damages Liability Apportionment Interest on Damages Standard of Appellate Review

Case Brief

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Parties

Noor Aspa bin Ahmad Zawayan

Appellant/defendant

Kamal bin Mohamad Mokhtar

Respondent/plaintiff

Procedural Posture

Civil Appeal (motor Vehicle Accident/personal Injury) / Appeal on Quantum Only (high Court Hearing and Decision)

Legal Issues

  1. 1 Whether the Trial (Sessions) Court's award of general and special damages should be disturbed on appeal
  2. 2 Whether the appellant discharged the higher burden required to show a serious miscarriage of justice
  3. 3 Appropriate interest rates and periods to be applied to special damages, general damages and the judgment sum

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate a serious miscarriage of justice or any error of law or principle warranting interference; the Sessions Court's assessment of quantum, interest and costs was within its discretion and is therefore affirmed.

Court Disposition

Appeal dismissed; decision of the Learned Sessions Court Judge affirmed.

Orders

  • Appeal dismissed with costs
  • Affirmed Sessions Court awards: general damages RM84,500.00 and special damages RM300.00