RIDHWAN BIN AHMAD (NO. K/P: 910525-08-6509) 1. ) LEE YIN LIANG (NO. K/P: 820618-07-5383) 2. ) RAKAN KERTAS SDN.BHD (NO. PEND. SYARIKAT: 678384-U)

RIDHWAN BIN AHMAD (NO. K/P: 910525-08-6509) 1. ) LEE YIN LIANG (NO. K/P: 820618-07-5383) 2. ) RAKAN KERTAS SDN.BHD (NO. PEND. SYARIKAT: 678384-U)

The High Court held the Session Court did not err in principle in assessing the connected head injuries as a single global award and maintained RM60,000 for the head injury; however the Court found the Session Court's awards for abrasions/lacerations/scars and soft tissue injuries inadequate and increased them to RM12,000 and RM10,000 respectively; the appeal against costs failed because scale costs under Order 59 r.23 ROC 2012 are calculated on the judgment sum and apportioned by liability; final order included costs of RM3,000 payable and subject to allocator.

Citation
PA-12B-6-03/2021 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Ridhwan bin Ahmad; Respondent / Defendant: Lee Yin Liang; Respondent / Defendant: Rakan Kertas Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 March 2022
Case Number
PA-12B-6-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / Judgment on Appeal (high Court)
Outcome
Appeal allowed in part (quantum varied) and dismissed in part (costs)
Legal Topics
Quantum of Damages, Global Award Vs Separate Awards, Apportionment of Liability, Scale Costs Under Rules of Court, Evaluation of Medical Evidence
Source Language
Malay/English
Torts Personal Injury Civil Procedure Costs Quantum of Damages Global Award Vs Separate Awards Apportionment of Liability Scale Costs Under Rules of Court +1 more

Case Brief

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Parties

Ridhwan bin Ahmad

Appellant / Plaintiff

Lee Yin Liang

Respondent / Defendant

Rakan Kertas Sdn. Bhd.

Respondent / Defendant

Procedural Posture

Civil Appeal (personal Injury) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether head injuries and naso‑palatine bone fracture should be assessed separately or by a global award
  2. 2 Whether awards for abrasions, lacerations and scars were manifestly low and required increase
  3. 3 Whether award for soft tissue injuries was inadequate

Ratio Decidendi

The High Court held the Session Court did not err in principle in assessing the connected head injuries as a single global award and maintained RM60,000 for the head injury; however the Court found the Session Court's awards for abrasions/lacerations/scars and soft tissue injuries inadequate and increased them to RM12,000 and RM10,000 respectively; the appeal against costs failed because scale costs under Order 59 r.23 ROC 2012 are calculated on the judgment sum and apportioned by liability; final order included costs of RM3,000 payable and subject to allocator.

Court Disposition

Appeal allowed in part (quantum varied) and dismissed in part (costs)

Orders

  • Head injury (left temporal hemorrhage with naso‑palatine bone fracture) award maintained at RM60000.00
  • Award for abrasions, lacerations and scars increased and replaced with RM12000.00