MAT ALIAS BIN MAT JUSOH SOPHAN BIN ZAKARIA

MAT ALIAS BIN MAT JUSOH SOPHAN BIN ZAKARIA

Insufficient and conflicting evidence about compliance with traffic signals meant the court could not prefer either party's version, therefore liability was apportioned equally (50%-50%); quantum was reassessed using RCPIA and medical reports, allowing some claims where proven or reasonable while rejecting or reducing others for lack of evidence, age, pre-existing conditions and speculative nature of future claims.

Citation
DA-12B-08-05/2020 (Mahkamah Tinggi)
Parties
Perayu (appellant): Mat Alias bin Mat Jusoh; Respondent: Sophan bin Zakaria
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
DA-12B-08-05/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident/personal Injury) / Appeal to High Court From Sessions Court Judgment (judgment on Appeal)
Outcome
Appeal allowed in part and dismissed in part; liability maintained at 50% for each party; quantum varied as set out in orders.
Legal Topics
Liability Apportionment, Quantum of Damages, Special Damages, Burden of Proof, Judicial Notice
Source Language
Malay/English
Tort Motor Vehicle Accident Personal Injury Civil Procedure Evidence Liability Apportionment Quantum of Damages Special Damages +2 more

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Parties

Mat Alias bin Mat Jusoh

Perayu (appellant)

Sophan bin Zakaria

Respondent

Procedural Posture

Civil Appeal (motor Vehicle Accident/personal Injury) / Appeal to High Court From Sessions Court Judgment (judgment on Appeal)

Legal Issues

  1. 1 Whether liability should be apportioned 50%-50% between the parties
  2. 2 Whether the awards for general and special damages were inadequate
  3. 3 Whether various claimed items of special damages should have been allowed (future surgery/medication, pre- and post-trial supervisory care, travelling and clothing expenses)

Ratio Decidendi

Insufficient and conflicting evidence about compliance with traffic signals meant the court could not prefer either party's version, therefore liability was apportioned equally (50%-50%); quantum was reassessed using RCPIA and medical reports, allowing some claims where proven or reasonable while rejecting or reducing others for lack of evidence, age, pre-existing conditions and speculative nature of future claims.

Court Disposition

Appeal allowed in part and dismissed in part; liability maintained at 50% for each party; quantum varied as set out in orders.

Orders

  • Liability apportioned 50% to each party.
  • General damages awarded: RM30,000 for lung contusion and type 2 MI (cardiac contusion) combined.