ISMAIL BIN DAUD MUHAMMAD SYAFIQ BIN ABD JALIL

ISMAIL BIN DAUD MUHAMMAD SYAFIQ BIN ABD JALIL

The High Court found the Sessions Court's overall assessment reasonable except for Items 2 (laceration wounds), 4 (permanent abrasion scar right elbow) and 6 (muscle wasting), where the Sessions Court's awards were plainly wrong or unsupported by reasons; the High Court varied those items increasing Item 2 to RM10,000, Item 4 to RM6,000 and Item 6 to RM7,000, affirmed other awards including denial of knee injury claims due to insufficient causal evidence, resulting in total damages RM64,000 plus stated interest and costs.

Citation
PA-12B-4-04/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ismail bin Daud; Respondent/defendant: Muhammad Syafiq bin Abd Jalil
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 January 2023
Case Number
PA-12B-4-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (post Trial on Quantum) / High Court Appeal From Sessions Court
Outcome
Appeal allowed in part; Sessions Court judgment varied
Legal Topics
Quantum of Damages, Damages Assessment, Causation, Appellate Intervention, Interest
Source Language
Malay/English
Civil Tort Personal Injury Appeal Quantum of Damages Damages Assessment Causation Appellate Intervention +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Ismail bin Daud

Appellant/plaintiff

Muhammad Syafiq bin Abd Jalil

Respondent/defendant

Procedural Posture

Civil Appeal (post Trial on Quantum) / High Court Appeal From Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court's assessment of quantum was plainly wrong and warrants appellate interference
  2. 2 Whether specific items of damage (Items 2, 4, 6, 7 and 8) should be varied
  3. 3 Whether the right knee injuries were caused by the accident (causation and evidential sufficiency)

Ratio Decidendi

The High Court found the Sessions Court's overall assessment reasonable except for Items 2 (laceration wounds), 4 (permanent abrasion scar right elbow) and 6 (muscle wasting), where the Sessions Court's awards were plainly wrong or unsupported by reasons; the High Court varied those items increasing Item 2 to RM10,000, Item 4 to RM6,000 and Item 6 to RM7,000, affirmed other awards including denial of knee injury claims due to insufficient causal evidence, resulting in total damages RM64,000 plus stated interest and costs.

Court Disposition

Appeal allowed in part; Sessions Court judgment varied

Orders

  • Award damages RM64,000.00 to appellant
  • Interest at 5% p.a. from date of Writ (9.10.2019) to date of Judgment (25.3.2022)