CHEE LAY HWA ENG KAH LEONG

CHEE LAY HWA ENG KAH LEONG

Court evaluated and accepted the plaintiff's evidence and receipts, found private treatment justified due to risk of amputation/delay at public hospital, applied compendium and relevant precedents and awarded headwise damages after assessing severity and future consequences. Specific awards were fixed (concussion RM6,500; tibial fracture RM45,000; muscle atrophy RM8,000; risk of osteoarthritis RM10,000; left ankle laceration RM1,500; infected surgical wound RM2,000; multiple/keloid scars RM20,000; skin grafting RM10,000; agreed pain, suffering and future surgery RM30,000). Past loss of earnings RM19,890 and future loss RM103,680 calculated using RM1,530 monthly base, deducting 1/3 living...

Citation
PB-A53KJ-124-03/2020 (Mahkamah Sesyen)
Parties
Defendant (appellant at Trial): Eng Kah Leong; Plaintiff (respondent at Trial): Chee Lay Hwa
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
PB-A53KJ-124-03/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Personal Injury (motor Vehicle Accident) / Appeal Against Quantum After Full Trial (assessment of Damages)
Outcome
Appeal dismissed; plaintiff's claim for damages allowed and quantum fixed as detailed below; costs to plaintiff.
Legal Topics
Quantum of Damages, Medical Expenses, Loss of Earnings, Future Loss, Mitigation, Assessment of Specific Injuries, Interest on Judgment
Source Language
Malay/English
Tort Personal Injury Negligence Motor Vehicle Accident Civil Procedure Quantum of Damages Medical Expenses Loss of Earnings +4 more

Case Brief

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Parties

Eng Kah Leong

Defendant (appellant at Trial)

Chee Lay Hwa

Plaintiff (respondent at Trial)

Procedural Posture

Civil Personal Injury (motor Vehicle Accident) / Appeal Against Quantum After Full Trial (assessment of Damages)

Legal Issues

  1. 1 Appropriate quantum for multiple injuries including complicated tibial fracture and subsequent complications
  2. 2 Entitlement to full private medical expenses and test for justification of private treatment
  3. 3 Assessment of past and future loss of earnings including appropriate multiplicand and multiplier

Ratio Decidendi

Court evaluated and accepted the plaintiff's evidence and receipts, found private treatment justified due to risk of amputation/delay at public hospital, applied compendium and relevant precedents and awarded headwise damages after assessing severity and future consequences. Specific awards were fixed (concussion RM6,500; tibial fracture RM45,000; muscle atrophy RM8,000; risk of osteoarthritis RM10,000; left ankle laceration RM1,500; infected surgical wound RM2,000; multiple/keloid scars RM20,000; skin grafting RM10,000; agreed pain, suffering and future surgery RM30,000). Past loss of earnings RM19,890 and future loss RM103,680 calculated using RM1,530 monthly base, deducting 1/3 living...

Court Disposition

Appeal dismissed; plaintiff's claim for damages allowed and quantum fixed as detailed below; costs to plaintiff.

Orders

  • Concussion awarded RM6,500
  • Closed proximal third tibia complicated with compartment syndrome awarded RM45,000