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 head and naso-palatine injuries were connected and a global award of RM60,000 was appropriate and should be upheld; the Sessions Court's award for abrasions/lacerations/scars was increased to RM12,000 and for soft tissue injuries increased to RM10,000 after comparison with authorities and medical reports; the appeal on costs was dismissed and costs are to be determined/paid in accordance with the Court's order and rules (costs awarded RM3,000 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 Against Sessions Court Judgment (personal Injury) / High Court Appeal Decision on Quantum of Damages and Costs
Outcome
Appeal allowed in part and dismissed in part: global head injury award of RM60,000 upheld; abrasions/lacerations/scars award increased to RM12,000; soft tissue injuries award increased to RM10,000; appeal on costs dismissed.
Legal Topics
Quantum of Damages, Global Award Vs Itemised Awards, Assessment of Scars and Soft Tissue Injuries, Costs and Scale of Costs, Apportionment of Liability
Source Language
Malay/English
Tort Personal Injury Civil Procedure Quantum of Damages Global Award Vs Itemised Awards Assessment of Scars and Soft Tissue Injuries Costs and Scale of Costs Apportionment of Liability

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 Against Sessions Court Judgment (personal Injury) / High Court Appeal Decision on Quantum of Damages and Costs

Legal Issues

  1. 1 Whether head injury and naso-palatine fracture should be assessed separately or as a global award
  2. 2 Whether awards for abrasions, lacerations and scars and for soft tissue injuries were manifestly low and required increase
  3. 3 Whether plaintiff entitled to full (100%) suing and advocacy costs on gross quantum or costs must be calculated on judgment sum and apportioned

Ratio Decidendi

The High Court held the head and naso-palatine injuries were connected and a global award of RM60,000 was appropriate and should be upheld; the Sessions Court's award for abrasions/lacerations/scars was increased to RM12,000 and for soft tissue injuries increased to RM10,000 after comparison with authorities and medical reports; the appeal on costs was dismissed and costs are to be determined/paid in accordance with the Court's order and rules (costs awarded RM3,000 subject to allocator).

Court Disposition

Appeal allowed in part and dismissed in part: global head injury award of RM60,000 upheld; abrasions/lacerations/scars award increased to RM12,000; soft tissue injuries award increased to RM10,000; appeal on costs dismissed.

Orders

  • Head injury global award of RM60,000 upheld
  • Increase damages for abrasions, lacerations and scars to RM12,000