PROJEK LEBUHRAYA USAHASAMA BERHAD ABDUL AZIM JOHN BIN ABDULLAH

PROJEK LEBUHRAYA USAHASAMA BERHAD ABDUL AZIM JOHN BIN ABDULLAH

Appeal allowed in part: appellate court reduced specific heads of damages (open fracture and permanent scars) and disallowed aggravated damages because aggravated awards are not appropriate for ordinary road traffic negligence absent high‑handed conduct; court also held claimant contributorily negligent and apportioned liability 70% defendant and 30% claimant; costs awarded subject to allocator fees.

Citation
JA-12B-6-02/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Projek Lebuhraya Usahasama Berhad; Respondent/plaintiff: Abdul Azim John bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 February 2022
Case Number
JA-12B-6-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Accident/personal Injury) / High Court Rehearing on Appeal From Sessions Court
Outcome
Appeal allowed in part
Legal Topics
Running Down, Contributory Negligence, Aggravated Damages, Assessment of Damages, Appeal Standard of Review
Source Language
Malay/English
Tort Negligence Personal Injury Civil Procedure Running Down Contributory Negligence Aggravated Damages Assessment of Damages +1 more

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Parties

Projek Lebuhraya Usahasama Berhad

Appellant/defendant

Abdul Azim John bin Abdullah

Respondent/plaintiff

Procedural Posture

Civil Appeal (motor Accident/personal Injury) / High Court Rehearing on Appeal From Sessions Court

Legal Issues

  1. 1 Whether highway concessionaire liable for injury caused by obstruction on carriageway
  2. 2 Whether aggravated damages are recoverable in a negligence (road traffic) case
  3. 3 Proper assessment of quantum for open fracture with shortening and permanent scars

Ratio Decidendi

Appeal allowed in part: appellate court reduced specific heads of damages (open fracture and permanent scars) and disallowed aggravated damages because aggravated awards are not appropriate for ordinary road traffic negligence absent high‑handed conduct; court also held claimant contributorily negligent and apportioned liability 70% defendant and 30% claimant; costs awarded subject to allocator fees.

Court Disposition

Appeal allowed in part

Orders

  • Reduce award for open fracture left distal 3rd tibia and fibula with shortening from RM60,000.00 to RM35,000.00
  • Reduce award for permanent operative and wound scars from RM20,000.00 to RM10,000.00