Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Apportionment of negligence

Legal area

Court

6 Dec 2022

MOHD NAIM BIN ABDULLAH 1. ) MUHAMMAD ZULKIFLEE BIN ANWAR 2. ) ROSMANIDAR BINTI RUSLI

Citation

CB-12B-1-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-1-01/2022 (Mahkamah Tinggi)

The appeal is dismissed because the High Court found the Sessions Court's 50:50 apportionment and the assessments of general and special damages (including RM2,766,791.25 for lifetime institutional care) were supported by the evidence and lawful application of principles; there was no basis to interfere with findings of fact or the exercise of judicial discretion.
11 Mar 2020

RAZIN SYAFI BIN ROZREN SAAD Wakil Pentadbir Harta Pusaka kepada ISMAIL BIN ABDULLAH (Si Mati)

Citation

BI-A53KJ-150-05/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A53KJ-150-05/2019 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the plaintiff's consistent account corroborated by the investigating officer's findings and physical damage to the motorcycles, and in the absence of any countervailing version from the defendant/deceased held the defendant in lieu of the deceased 100% liable for the accident; awarded quantified general damages of RM 107,460.00 and special damages of RM 7,402.00, with specified interest rates and costs as per scale.