Ab Rashid Bin Rause (No. K.P. :530922-07-5403) Lim Bing Shun (020908-07-0235)

Ab Rashid Bin Rause (No. K.P. :530922-07-5403) Lim Bing Shun (020908-07-0235)

The High Court allowed the appeal on quantum, finding on the evidence of the deceased's expenses that a one‑half proportion of the deceased's net earnings was a reasonable deduction basis for dependency assessment; accordingly the quantum was increased and costs awarded to the appellant.

Citation
PA-12B-19-07/2021 (Mahkamah Tinggi)
Parties
Appellant (perayu): Ab Rashid Bin Rause; Respondent (responden): Lim Bing Shun (litigation representative)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2022
Case Number
PA-12B-19-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (fatal Motor Accident — Dependency Claim) / Determination of Quantum on Appeal (high Court Judgment)
Outcome
Appeal allowed (in part) on quantum
Legal Topics
Quantum of Damages, Dependency Claim, Deduction for Deceased's Living Expenses, Standard of Appellate Review
Source Language
Malay/English
Tort Motor Accident Law Damages Civil Procedure Quantum of Damages Dependency Claim Deduction for Deceased's Living Expenses Standard of Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Ab Rashid Bin Rause

Appellant (perayu)

Lim Bing Shun (litigation representative)

Respondent (responden)

Procedural Posture

Civil Appeal (fatal Motor Accident — Dependency Claim) / Determination of Quantum on Appeal (high Court Judgment)

Legal Issues

  1. 1 Whether the trial court's one‑third deduction from the deceased's income for personal living expenses was justified or should be varied based on evidence
  2. 2 Whether the trial judge erred in assessment of quantum of dependency damages such that the appellate court should interfere
  3. 3 Whether any apparent inconsistent findings by the trial judge amounted to a reversible error

Ratio Decidendi

The High Court allowed the appeal on quantum, finding on the evidence of the deceased's expenses that a one‑half proportion of the deceased's net earnings was a reasonable deduction basis for dependency assessment; accordingly the quantum was increased and costs awarded to the appellant.

Court Disposition

Appeal allowed (in part) on quantum

Orders

  • Quantum increased to RM112,320
  • Costs of RM3,000 to be paid to the Appellant