AJIM ULLAH ENAMULLAH 1. ) ROSLI BIN RAMLAN 2. ) MD YUSOFF BIN YAAKUB

AJIM ULLAH ENAMULLAH 1. ) ROSLI BIN RAMLAN 2. ) MD YUSOFF BIN YAAKUB

On the basis of the medical and expert reports and the compendium and relevant authorities, the court awarded total damages of RM412,900 (RM394,000 general; RM18,900 special) and recorded liability apportioned 90% to the defendants and 10% to the plaintiff; items unsupported by evidence were rejected.

Citation
DA-A53KJ-566-06/2023 (Mahkamah Sesyen)
Parties
Plaintif: Ajim Ullah Enamullah; Defendan 1: Rosli bin Ramlan; Defendan 2: Md Yusoff bin Yaakub
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 September 2024
Case Number
DA-A53KJ-566-06/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (guaman Sivil) / Assessment of Damages (final Judgment)
Outcome
Plaintiff's claim allowed in part; damages awarded and liability apportioned 90% to defendants and 10% to plaintiff.
Legal Topics
Quantum of Damages, Apportionment of Liability, Special Damages Evidence
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Quantum of Damages Apportionment of Liability Special Damages Evidence

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Parties

Ajim Ullah Enamullah

Plaintif

Rosli bin Ramlan

Defendan 1

Md Yusoff bin Yaakub

Defendan 2

Procedural Posture

Civil Claim (guaman Sivil) / Assessment of Damages (final Judgment)

Legal Issues

  1. 1 Proper quantum of general damages
  2. 2 Appropriate quantum of special damages
  3. 3 Whether claimed special items supported by evidence

Ratio Decidendi

On the basis of the medical and expert reports and the compendium and relevant authorities, the court awarded total damages of RM412,900 (RM394,000 general; RM18,900 special) and recorded liability apportioned 90% to the defendants and 10% to the plaintiff; items unsupported by evidence were rejected.

Court Disposition

Plaintiff's claim allowed in part; damages awarded and liability apportioned 90% to defendants and 10% to plaintiff.

Orders

  • Plaintiff awarded total damages of RM412,900 comprising RM394,000 general damages and RM18,900 special damages
  • Liability apportioned: Defendants 90%; Plaintiff 10% (recorded 11/6/2024)