YEO TECK HAO TAN KOK CHYE

YEO TECK HAO TAN KOK CHYE

High Court allowed plaintiff's partial appeal and held HMS erred in limiting private hospital medical bills to one-third; full hospital bill RM41,090.70 awarded because hospital was nearest, injuries were severe and defendant did not challenge reasonableness. The court upheld HMS award of RM56,808.00 for pre-trial loss of earnings (multiplicand RM6,312; multiplier 9 months) and upheld global RM50,000.00 for loss of earning capacity while rejecting claim for loss of future earnings as speculative and not supported by real and assessable evidence. Defendant ordered to pay costs RM5,000 to plaintiff (subject to allocatur).

Citation
JA-12B-60-09/2022 (Mahkamah Tinggi)
Parties
Perayu/plaintif: Yeo Teck Hao; Responden/defendan: Tan Kok Chye
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 October 2023
Case Number
JA-12B-60-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Appellate Judgment
Outcome
Plaintiff's appeal partly allowed; defendant's cross-appeal dismissed
Legal Topics
Quantum of Damages, Medical Expenses, Loss of Earnings, Loss of Earning Capacity, Appeal Standard
Source Language
Malay/English
Tort Motor Accident Personal Injury Damages Civil Procedure Quantum of Damages Medical Expenses Loss of Earnings +2 more

Case Brief

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Parties

Yeo Teck Hao

Perayu/plaintif

Tan Kok Chye

Responden/defendan

Procedural Posture

Civil Appeal From Sessions Court / High Court Appellate Judgment

Legal Issues

  1. 1 entitlement to full private hospital medical bills
  2. 2 proper multiplicand and multiplier for pre-trial loss of earnings
  3. 3 distinction and entitlement between loss of future earnings and loss of earning capacity

Ratio Decidendi

High Court allowed plaintiff's partial appeal and held HMS erred in limiting private hospital medical bills to one-third; full hospital bill RM41,090.70 awarded because hospital was nearest, injuries were severe and defendant did not challenge reasonableness. The court upheld HMS award of RM56,808.00 for pre-trial loss of earnings (multiplicand RM6,312; multiplier 9 months) and upheld global RM50,000.00 for loss of earning capacity while rejecting claim for loss of future earnings as speculative and not supported by real and assessable evidence. Defendant ordered to pay costs RM5,000 to plaintiff (subject to allocatur).

Court Disposition

Plaintiff's appeal partly allowed; defendant's cross-appeal dismissed

Orders

  • Award medical expenses in full RM41,090.70 to plaintiff (replacing prior award of RM13,696.90)
  • Maintain award for pre-trial loss of earnings RM56,808.00