RIDHWAN BIN AHMAD (NO. K/P: 910525-08-6509) 1. ) LEE YIN LIANG (NO. K/P: 820618-07-5383) 2. ) RAKAN KERTAS SDN.BHD (NO. PEND. SYARIKAT: 678384-U)

RIDHWAN BIN AHMAD (NO. K/P: 910525-08-6509) 1. ) LEE YIN LIANG (NO. K/P: 820618-07-5383) 2. ) RAKAN KERTAS SDN.BHD (NO. PEND. SYARIKAT: 678384-U)

The High Court held that the Sessions Court did not err in principle to award a global sum for connected head injuries and upheld RM60,000 for head injury; however the court found the awards for abrasions/lacerations/scars and soft tissue injuries were understated and increased them to RM12,000 and RM10,000 respectively; the challenge to costs was dismissed because scale costs under Order 59 r.23 ROC 2012 are to be based on the judgment sum/apportioned liability and the Sessions Court judge had jurisdiction to decide costs.

Citation
PA-12B-6-03/2021 (Mahkamah Tinggi)
Parties
Appellant: Ridhwan bin Ahmad; Respondent First Defendant: Lee Yin Liang; Respondent Second Defendant: Rakan Kertas Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 March 2022
Case Number
PA-12B-6-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Personal Injury Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed in part as to quantum; appeal dismissed as to costs.
Legal Topics
Quantum of Damages, Costs Assessment, Medical Expert Evidence, Global Award Vs Separate Assessment
Source Language
Malay/English
Tort Personal Injury Civil Procedure Damages Quantum of Damages Costs Assessment Medical Expert Evidence Global Award Vs Separate Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Ridhwan bin Ahmad

Appellant

Lee Yin Liang

Respondent First Defendant

Rakan Kertas Sdn. Bhd.

Respondent Second Defendant

Procedural Posture

Civil Personal Injury Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the head injury and naso-palatine bone fracture should be assessed separately or awarded as a global sum
  2. 2 Whether awards for abrasions, lacerations and scars and for soft tissue injuries were manifestly low and require upward adjustment
  3. 3 Whether plaintiff is entitled to costs on 100% quantum basis or costs should be calculated on the judgment sum/apportioned liability under Order 59 r.23 ROC 2012

Ratio Decidendi

The High Court held that the Sessions Court did not err in principle to award a global sum for connected head injuries and upheld RM60,000 for head injury; however the court found the awards for abrasions/lacerations/scars and soft tissue injuries were understated and increased them to RM12,000 and RM10,000 respectively; the challenge to costs was dismissed because scale costs under Order 59 r.23 ROC 2012 are to be based on the judgment sum/apportioned liability and the Sessions Court judge had jurisdiction to decide costs.

Court Disposition

Appeal allowed in part as to quantum; appeal dismissed as to costs.

Orders

  • Head injury (left temporal haemorrhage with naso‑palatine bone fracture) award maintained at RM60000.00
  • Award for abrasions, lacerations and scars varied to RM12000.00