SHANKAR A/L ULAGANATHAN PREMJOTHI CHANDRAN

SHANKAR A/L ULAGANATHAN PREMJOTHI CHANDRAN

Court found conversion established and Defendant liable; documents reclassified to Part B under Order 27 Rule 5 were admissible without makers being called; awarded proven special damages for towing and repairs (less RM230 disallowed), 50% of borrowed car maintenance costs, and RM50,000 for loss of value after balancing insured estimate, depreciation and lack of rebuttal evidence; awarded modest general damages (RM7,000) due to absence of medical corroboration; total damages RM73,443.18.

Citation
BA-B52NCvC-15-01/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Shankar A/L Ulaganathan; Defendant: Premjothi Chandran
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 November 2024
Case Number
BA-B52NCvC-15-01/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Tort (conversion) With Counterclaim for Loan; Assessment of Damages / Assessment of Damages Under Order 37 Rules of Court 2012 (trial Assessment)
Outcome
Assessment judgment in favour of Plaintiff on damages claim for wrongful conversion; damages assessed and awarded.
Legal Topics
Conversion, Assessment of Damages, Special Damages, General Damages, Admissibility of Documents (order 27 Rule 5), Corroboration, Burden of Proof, Valuation and Depreciation
Source Language
Malay/English
Tort Civil Procedure Evidence Contract/loan Dispute Insurance Law Conversion Assessment of Damages Special Damages +5 more

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Parties

Shankar A/L Ulaganathan

Plaintiff

Premjothi Chandran

Defendant

Procedural Posture

Civil Tort (conversion) With Counterclaim for Loan; Assessment of Damages / Assessment of Damages Under Order 37 Rules of Court 2012 (trial Assessment)

Legal Issues

  1. 1 Whether the Defendant wrongfully converted the Plaintiff's vehicle
  2. 2 Whether the RM80,000 was a loan or investment (counterclaim)
  3. 3 Whether documents reclassified to Part B required makers to be called for corroboration

Ratio Decidendi

Court found conversion established and Defendant liable; documents reclassified to Part B under Order 27 Rule 5 were admissible without makers being called; awarded proven special damages for towing and repairs (less RM230 disallowed), 50% of borrowed car maintenance costs, and RM50,000 for loss of value after balancing insured estimate, depreciation and lack of rebuttal evidence; awarded modest general damages (RM7,000) due to absence of medical corroboration; total damages RM73,443.18.

Court Disposition

Assessment judgment in favour of Plaintiff on damages claim for wrongful conversion; damages assessed and awarded.

Orders

  • Plaintiff awarded total damages of MYR 73,443.18
  • Special damages awarded MYR 66,443.18 (towing/repairs MYR 15,368.18; loss of value MYR 50,000; borrowed car repairs/maintenance MYR 1,075.00)