CHONG JIA MING 1. ) ABDUL KHALIK BIN YUSOF 2. ) KHIM HUO CONSTRUCTION MATERIALS SDN BHD

CHONG JIA MING 1. ) ABDUL KHALIK BIN YUSOF 2. ) KHIM HUO CONSTRUCTION MATERIALS SDN BHD

Appeal dismissed because Sessions Court did not commit any legal error: (1) ligament injuries involved the same anatomical site so a consolidated global award of RM30,000 was appropriate and within compendium ranges; (2) RM50,000 awarded for surgery (one-third principle applied to private hospital cost range RM50,000–RM100,000) was reasonable absent proof public hospital surgery was unavailable; (3) knee brace claim rejected as unnecessary and unsupported by use or medical necessity evidence; (4) loss of earning capacity claim dismissed as speculative since plaintiff remained employed at same pay. Therefore no interference with trial court quantum.

Citation
JA-12B-33-07/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Chong Jia Ming; Respondent/defendant: Abdul Khalik bin Yusof; Respondent/defendant: Kim Huo Construction Materials Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2024
Case Number
JA-12B-33-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / Appeal From Sessions Court on Quantum of Damages After Assessment Hearing
Outcome
appeal dismissed
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Medical/surgical Costs, Private Hospital Costs, Knee Ligament Injuries, Overlapping Injuries, Standard of Appellate Review
Source Language
Malay/English
Torts Personal Injury Civil Appeals Damages Assessment Quantum of Damages Loss of Earning Capacity Medical/surgical Costs Private Hospital Costs +3 more

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Parties

Chong Jia Ming

Appellant/plaintiff

Abdul Khalik bin Yusof

Respondent/defendant

Kim Huo Construction Materials Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury) / Appeal From Sessions Court on Quantum of Damages After Assessment Hearing

Legal Issues

  1. 1 Whether trial court erred in awarding global damages for multiple knee ligament injuries rather than separate awards
  2. 2 Whether the award for ligament reconstruction surgery should be increased to full private hospital cost
  3. 3 Whether the knee brace claim (left custom adjustable OA defiance) was necessary and recoverable

Ratio Decidendi

Appeal dismissed because Sessions Court did not commit any legal error: (1) ligament injuries involved the same anatomical site so a consolidated global award of RM30,000 was appropriate and within compendium ranges; (2) RM50,000 awarded for surgery (one-third principle applied to private hospital cost range RM50,000–RM100,000) was reasonable absent proof public hospital surgery was unavailable; (3) knee brace claim rejected as unnecessary and unsupported by use or medical necessity evidence; (4) loss of earning capacity claim dismissed as speculative since plaintiff remained employed at same pay. Therefore no interference with trial court quantum.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No costs awarded (appeal dismissed without costs)