XXXX 1. ) SHAHRUL IDZWAN BIN ZULKIFLI 2. ) Ketua Polis Negara

XXXX 1. ) SHAHRUL IDZWAN BIN ZULKIFLI 2. ) Ketua Polis Negara

The High Court allowed the appeal in part because the trial judge failed to properly consider and weigh the expert medical reports demonstrating permanent deficits and ongoing treatment needs, and erred in rejecting future losses and certain special damages on speculative grounds and on unsupported assumptions about availability of equivalent public services; accordingly the court revised quantum and awarded specific sums for future loss, ophthalmic care, future medications and equipment/treatment while upholding the trial judge's rejection of counselling costs.

Citation
CB-12B-10-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: AKMAL HAZIQ BIN SUHAIMI (by litigation representative SUHAIMI BIN SULAIMAN); Respondent/defendant: SHAHRUL IDZWAN BIN ZULKIFLI; Respondent/defendant: KETUA POLIS NEGARA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 February 2023
Case Number
CB-12B-10-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Motor Vehicle Accident) / High Court Appeal on Quantum (from Sessions Court)
Outcome
Appeal allowed in part; quantum revised in favour of appellant on specified heads of damage, other heads dismissed.
Legal Topics
Quantum of Damages, Future Losses, Special Damages, Medical Expenses, Rehabilitation Costs, Use of Expert Medical Reports, Public Vs Private Healthcare in Damages Assessment
Source Language
Malay/English
Tort Personal Injury Civil Procedure Medical Negligence Aspects of Damages Quantum of Damages Future Losses Special Damages Medical Expenses +3 more

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Parties

AKMAL HAZIQ BIN SUHAIMI (by litigation representative SUHAIMI BIN SULAIMAN)

Appellant/plaintiff

SHAHRUL IDZWAN BIN ZULKIFLI

Respondent/defendant

KETUA POLIS NEGARA

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury / Motor Vehicle Accident) / High Court Appeal on Quantum (from Sessions Court)

Legal Issues

  1. 1 Whether the trial judge erred in rejecting future losses and specified special damages
  2. 2 Whether claimed private medical and rehabilitation costs are reasonable where public facilities exist
  3. 3 Whether appellate court should interfere with trial judge's discretion on quantum

Ratio Decidendi

The High Court allowed the appeal in part because the trial judge failed to properly consider and weigh the expert medical reports demonstrating permanent deficits and ongoing treatment needs, and erred in rejecting future losses and certain special damages on speculative grounds and on unsupported assumptions about availability of equivalent public services; accordingly the court revised quantum and awarded specific sums for future loss, ophthalmic care, future medications and equipment/treatment while upholding the trial judge's rejection of counselling costs.

Court Disposition

Appeal allowed in part; quantum revised in favour of appellant on specified heads of damage, other heads dismissed.

Orders

  • Future loss of earnings awarded RM432,000.00
  • Ophthalmic treatment awarded RM9,600.00