SRI RAM A/L JACOB 1. ) SANAIDI BIN A P HAMZAH 2. ) HAJI HARUN BIN HUSSAIN

SRI RAM A/L JACOB 1. ) SANAIDI BIN A P HAMZAH 2. ) HAJI HARUN BIN HUSSAIN

Court fixed specific sums for each injury head based on medical and expert evidence and authorities (total general damages RM103,000 at 100% liability), allowed private medical expenses (RM22,500) and certain other special items (RM615), disallowed loss of earnings claims for lack of employer evidence, applied agreed apportionment (plaintiff 30% contributory, defendants 70% liable), and ordered interest and costs as specified.

Citation
WA-A53KJ-530-11/2019 (Mahkamah Sesyen)
Parties
Plaintiff: SRI RAM A/L JACOB; First Defendant: SANAIDI BIN A P HAMZAH; Second Defendant: HAJI HARUN BIN HUSSAIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 November 2020
Case Number
WA-A53KJ-530-11/2019 (Mahkamah Sesyen)
Procedural Posture
Personal Injury (tort) / Quantum Assessment (judgment on Damages)
Outcome
Judgment for plaintiff in part on quantum only; liability previously apportioned plaintiff 30% and defendants 70%.
Legal Topics
Damages, Medical Expenses, Loss of Earnings, Apportionment of Liability, Interest, Costs
Source Language
Malay/English
Tort Personal Injury Civil Procedure Evidence Damages Medical Expenses Loss of Earnings Apportionment of Liability +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

SRI RAM A/L JACOB

Plaintiff

SANAIDI BIN A P HAMZAH

First Defendant

HAJI HARUN BIN HUSSAIN

Second Defendant

Procedural Posture

Personal Injury (tort) / Quantum Assessment (judgment on Damages)

Legal Issues

  1. 1 Determination of appropriate quantum for each head of injury
  2. 2 Admissibility and probative value of pay slips and sick leave certificates without employer testimony
  3. 3 Recovery and reasonableness of private medical expenses

Ratio Decidendi

Court fixed specific sums for each injury head based on medical and expert evidence and authorities (total general damages RM103,000 at 100% liability), allowed private medical expenses (RM22,500) and certain other special items (RM615), disallowed loss of earnings claims for lack of employer evidence, applied agreed apportionment (plaintiff 30% contributory, defendants 70% liable), and ordered interest and costs as specified.

Court Disposition

Judgment for plaintiff in part on quantum only; liability previously apportioned plaintiff 30% and defendants 70%.

Orders

  • General damages assessed at RM103,000 (100% liability) apportioned according to recorded liability (plaintiff 30% contributory; defendants 70% liable).
  • Private medical expenses for treatment at private hospitals allowed in the sum of RM22,500.