AHMAD FAIZ ZHAFRI BIN MOHAMMAD 1. ) RAJA A/L VIJAYA KUMARAN 2. ) SENTHIL KUMAR A/L KANASING

AHMAD FAIZ ZHAFRI BIN MOHAMMAD 1. ) RAJA A/L VIJAYA KUMARAN 2. ) SENTHIL KUMAR A/L KANASING

On balance of probabilities the High Court allowed the appeal in part: it upheld the Sessions Court's RM40,000 award for the clavicle fracture/joint disruption, held that muscle wasting must be awarded separately and awarded RM10,000 for muscle wasting, allowed physiotherapy costs of RM1,333.00 (2/3 of RM2,000), allowed reconstruction surgery costs of RM20,000.00 (2/3 of RM30,000), allowed loss of earnings of RM35,517.60, found the Sessions Court's RM5,000 award for multiple permanent scars inadequate, confirmed appropriate interest orders and awarded costs of the appeal RM5,000 to the plaintiff subject to taxation.

Citation
PA-12B-29-05/2024 (Mahkamah Tinggi)
Parties
Perayu/applicant: Ahmad Faiz Zhafri Bin Mohammad; Responden/respondent: Raja a/l Vijaya Kumaran; Responden/respondent: Senthil Kumar a/l Kanasing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2024
Case Number
PA-12B-29-05/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury (road Traffic Accident) / High Court Appeal (re Hearing) on Quantum of Damages
Outcome
Appeal allowed in part; other findings of the Sessions Court upheld; costs awarded to plaintiff
Legal Topics
Quantum of Damages, Pre Judgment Interest, One Third Principle, Medical Expenses (future and Past), Loss of Earnings, Permanent Scarring, Muscle Wasting, Surgical Reconstruction Costs
Source Language
Malay/English
Tort Personal Injury Road Traffic Accidents Civil Procedure Damages Contract/procedure Appeals Quantum of Damages Pre Judgment Interest +6 more

Case Brief

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Parties

Ahmad Faiz Zhafri Bin Mohammad

Perayu/applicant

Raja a/l Vijaya Kumaran

Responden/respondent

Senthil Kumar a/l Kanasing

Responden/respondent

Procedural Posture

Civil Appeal Personal Injury (road Traffic Accident) / High Court Appeal (re Hearing) on Quantum of Damages

Legal Issues

  1. 1 Whether the Sessions Court quantum was adequate
  2. 2 Whether injuries (clavicle fracture, joint disruption, muscle wasting, multiple scars) should be awarded globally or separately
  3. 3 Application of the one-third principle and test of reasonableness to private/future medical costs

Ratio Decidendi

On balance of probabilities the High Court allowed the appeal in part: it upheld the Sessions Court's RM40,000 award for the clavicle fracture/joint disruption, held that muscle wasting must be awarded separately and awarded RM10,000 for muscle wasting, allowed physiotherapy costs of RM1,333.00 (2/3 of RM2,000), allowed reconstruction surgery costs of RM20,000.00 (2/3 of RM30,000), allowed loss of earnings of RM35,517.60, found the Sessions Court's RM5,000 award for multiple permanent scars inadequate, confirmed appropriate interest orders and awarded costs of the appeal RM5,000 to the plaintiff subject to taxation.

Court Disposition

Appeal allowed in part; other findings of the Sessions Court upheld; costs awarded to plaintiff

Orders

  • Sessions Court award of RM40,000 for clavicle fracture and acromioclavicular joint disruption upheld
  • Award for muscle wasting increased and granted at RM10,000.00