Lee Meng Jun 1. ) Abd Rahman Bin M. Harun 2. ) Halimah Binti Ayob

Lee Meng Jun 1. ) Abd Rahman Bin M. Harun 2. ) Halimah Binti Ayob

The High Court found no error of law or misapprehension of facts by the Sessions Court judge in her assessment of quantum across the contested heads; the Sessions Court's factual findings on severity, recovery and evidentiary shortcomings justified the specific awards, therefore the appeal on quantum is dismissed and the lower court awards are upheld.

Citation
JA-12B-9-03/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Lee Meng Jun; Respondent/defendant: Abd Rahman bin M. Harun; Respondent/defendant: Halimah binti Ayob
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 October 2022
Case Number
JA-12B-9-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (quantum of Damages) / Judgment on Appeal (high Court)
Outcome
Appeal dismissed with costs; Sessions Court awards affirmed.
Legal Topics
Quantum of Damages, Future Medical Costs, Loss of Earnings, Apellate Review Standard, Medical Evidence
Source Language
Malay/English
Torts Personal Injury Civil Procedure Damages Quantum of Damages Future Medical Costs Loss of Earnings Apellate Review Standard +1 more

Case Brief

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Parties

Lee Meng Jun

Appellant/plaintiff

Abd Rahman bin M. Harun

Respondent/defendant

Halimah binti Ayob

Respondent/defendant

Procedural Posture

Civil Appeal (quantum of Damages) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the Sessions Court erred in assessing general damages for multiple injuries
  2. 2 Whether awards for specific injuries (head, facial, femur, spine, brachial plexus, wrist) were excessive or inadequate
  3. 3 Whether special damages and future loss of earnings were proven and properly awarded

Ratio Decidendi

The High Court found no error of law or misapprehension of facts by the Sessions Court judge in her assessment of quantum across the contested heads; the Sessions Court's factual findings on severity, recovery and evidentiary shortcomings justified the specific awards, therefore the appeal on quantum is dismissed and the lower court awards are upheld.

Court Disposition

Appeal dismissed with costs; Sessions Court awards affirmed.

Orders

  • Appeal dismissed with costs
  • Sessions Court judgment dated 28.2.2022 affirmed