1. TAN KIAN KOON 2. HWARA AUTO PARTS SDN BHD (COMPANY NO: 523081-P) MUNIANDIE A/L KRISNAN

1. TAN KIAN KOON 2. HWARA AUTO PARTS SDN BHD (COMPANY NO: 523081-P) MUNIANDIE A/L KRISNAN

The High Court upheld the Sessions Court's general damage awards and the limitation of private medical expenses to one-third as not erroneous, but concluded the Sessions Court's MYR50,000 award for loss of earning capacity was plainly inadequate and substituted it with MYR373,800 using the Sivakumar multiplier-multiplicand approach because there was a real risk the plaintiff's manual work capacity would be impaired.

Citation
JA-12B-20-02/2020 & JA-12B-21-02/2020 (Mahkamah Tinggi)
Parties
Appellant (plaintiff): MUNIANDIE A/L KRISNAN; Respondent (defendant); Appellant in Cross Appeal: TAN KIAN KOON; Respondent (defendant); Appellant in Cross Appeal: HWARA AUTO PARTS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2021
Case Number
JA-12B-20-02/2020 & JA-12B-21-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Motor Vehicle Accident) / High Court Hearing on Quantum of Damages (appeal From Sessions Court)
Outcome
Defendants' appeal dismissed; Plaintiff's appeal allowed in part (only in respect of loss of earning capacity)
Legal Topics
Quantum of Damages, Medical Expenses Recoverability, Loss of Earning Capacity, General Damages, Compendium of Awards, Expert Evidence
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Appeal Quantum of Damages Medical Expenses Recoverability Loss of Earning Capacity +3 more

Case Brief

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Parties

MUNIANDIE A/L KRISNAN

Appellant (plaintiff)

TAN KIAN KOON

Respondent (defendant); Appellant in Cross Appeal

HWARA AUTO PARTS SDN BHD

Respondent (defendant); Appellant in Cross Appeal

Procedural Posture

Civil Appeal (personal Injury Motor Vehicle Accident) / High Court Hearing on Quantum of Damages (appeal From Sessions Court)

Legal Issues

  1. 1 Whether the High Court should interfere with the Sessions Court's quantum awards
  2. 2 Whether private hospital medical expenses are recoverable in full or limited (one-third)
  3. 3 Whether future loss of earnings or only loss of earning capacity is appropriate and how to quantify it

Ratio Decidendi

The High Court upheld the Sessions Court's general damage awards and the limitation of private medical expenses to one-third as not erroneous, but concluded the Sessions Court's MYR50,000 award for loss of earning capacity was plainly inadequate and substituted it with MYR373,800 using the Sivakumar multiplier-multiplicand approach because there was a real risk the plaintiff's manual work capacity would be impaired.

Court Disposition

Defendants' appeal dismissed; Plaintiff's appeal allowed in part (only in respect of loss of earning capacity)

Orders

  • Increase award for loss of earning capacity to MYR373800
  • Defendants' appeal dismissed