Che Ad bin Taman 1. ) Yeoh Chun Xian 2. ) Yeoh Sim Hong

Che Ad bin Taman 1. ) Yeoh Chun Xian 2. ) Yeoh Sim Hong

Appeal allowed in part: the appellate court substituted the trial award for loss of earnings with RM120,000 (RM5,000 per month for the period adopted) applying the statutory approach under the Civil Law Act; appeal on prosthetic cost was dismissed because the trial judge reasonably preferred the defendant's expert...

Source-derived case information.

Citation
KA-12BNCVC-38-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Che Ad bin Taman; Respondent: Yeoh Chun Xian; Respondent: Yeoh Sim Hong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2020
Case Number
KA-12BNCVC-38-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Determination of Appeal (judgment Dated 20 November 2020)
Outcome
Appeal allowed in part; first issue (loss of earnings) allowed and second issue (prosthetic cost) dismissed
Legal Topics
Loss of Earnings, Future Medical Expenses, Award for Prosthesis, Expert Evidence, Contingency Deduction
Negligence Personal Injury Damages Motor Vehicle Accident Medical Rehabilitation/prosthetics Loss of Earnings Future Medical Expenses Award for Prosthesis +2 more

Source-derived case record

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Che Ad bin Taman

Plaintiff/appellant

Yeoh Chun Xian

Respondent

Yeoh Sim Hong

Respondent

Procedural Posture

Civil Appeal From Sessions Court / Determination of Appeal (judgment Dated 20 November 2020)

Legal Issues

  1. 1 Whether the trial judge erred in calculating and awarding loss of earnings/capacity under Civil Law Act provisions
  2. 2 Whether the trial judge erred in awarding prosthetic (artificial limb) costs and in adopting defendant's lower cost recommendation over plaintiff's expert
  3. 3 Whether a one‑third contingency deduction to prosthetic cost was appropriate

Ratio Decidendi

Appeal allowed in part: the appellate court substituted the trial award for loss of earnings with RM120,000 (RM5,000 per month for the period adopted) applying the statutory approach under the Civil Law Act; appeal on prosthetic cost was dismissed because the trial judge reasonably preferred the defendant's expert evidence that the lower‑cost prosthesis was functionally adequate, and there was no basis to disturb that factual evaluation.

Court Disposition

Appeal allowed in part; first issue (loss of earnings) allowed and second issue (prosthetic cost) dismissed

Orders

  • Rayuan dibenarkan bagi isu kehilangan keupayaan pendapatan; award digantikan dengan jumlah sebanyak RM120000
  • Rayuan bagi isu kos kaki palsu ditolak dengan tiada kos