1. ) MUAMAL SHAFIQ BIN RAHATAN 2. ) C T HO TRANSPORT SDN BHD MUHAMMAD FAUZI BIN ARSHAD

1. ) MUAMAL SHAFIQ BIN RAHATAN 2. ) C T HO TRANSPORT SDN BHD MUHAMMAD FAUZI BIN ARSHAD

The High Court held the Sessions Court did not commit any error of law or misapprehension of facts in assessing quantum; the awards for general damages (RM67,000), special damages (RM239,392.71) including RM179,000 for loss of earning capacity, and RM800 for travel were reasonable and supported by unrebutted medical and factual evidence; appeal dismissed and costs RM5,000 awarded to Respondent.

Citation
JB-12B-2-07/2025 (Mahkamah Tinggi)
Parties
Appellant/defendant: MUAMAL SHAFIQ BIN RAHATAN; Appellant/defendant: C T HO TRANSPORT SDN BHD; Respondent/plaintiff: MUHAMMAD FAUZI BIN ARSHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2026
Case Number
JB-12B-2-07/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Road Traffic Accident) / Judgment (high Court on Appeal From Sessions Court)
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Loss of Earning Capacity, General Damages, Special Damages, Appellate Review of Factual Findings
Source Language
Malay/English
Tort Personal Injury Road Traffic Accident Civil Procedure Quantum of Damages Loss of Earning Capacity General Damages Special Damages +1 more

Case Brief

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Parties

MUAMAL SHAFIQ BIN RAHATAN

Appellant/defendant

C T HO TRANSPORT SDN BHD

Appellant/defendant

MUHAMMAD FAUZI BIN ARSHAD

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury Road Traffic Accident) / Judgment (high Court on Appeal From Sessions Court)

Legal Issues

  1. 1 Whether the Sessions Court erred in law or fact in assessing general damages
  2. 2 Whether special damages were sufficiently pleaded and proved
  3. 3 Whether the award for loss of earning capacity (RM179,000) was justified

Ratio Decidendi

The High Court held the Sessions Court did not commit any error of law or misapprehension of facts in assessing quantum; the awards for general damages (RM67,000), special damages (RM239,392.71) including RM179,000 for loss of earning capacity, and RM800 for travel were reasonable and supported by unrebutted medical and factual evidence; appeal dismissed and costs RM5,000 awarded to Respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Orders of the Sessions Court affirmed