Malaysia Case Law: Decisions & Judgments

Topic

Assessment of general and special damages

Legal area

Court

3 Sept 2025

H'NG SHEAU HUI AMANAHRAYA BERHAD (Sebagai Pentadbir Harta Pusaka Ong Lee Hoon)

Citation

PA-12B-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-1-02/2021 (Mahkamah Tinggi)

Appellate court allowed the appeal in part and reallocated liability to 90% against the Defendant and 10% against the Plaintiff because credible eyewitness and investigative evidence established that the deceased motorcyclist was speeding and failed to take precautions, while the plaintiff was contributorily negligent for not using a nearby pedestrian crossing; the Sessions Court's quantum findings and dismissal of loss of earnings were upheld.
28 Jan 2025

1. ) XXXX 2. ) MOHD IDRIS BIN MOKHTAR NURHALINA BINTI ABDUL GHANI

Citation

BD-A73KJ-241-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BD-A73KJ-241-07/2024 (Mahkamah Majistret)

On the balance of probabilities the court found collision occurred and the defendant was negligent in failing to observe and brake despite clear view and moderate speed; however the plaintiff (minor) was contributorily negligent for failing to ensure it was safe to enter the carriageway before turning right; liability apportioned equally at 50% each; quantum of damages was assessed on a 100% basis then reduced by contributory negligence; interest and costs awarded as stated.
27 Nov 2024

1. ) MUHAMMAD ZUL FADHLI BIN KASID 2. ) MOHAMMED FAROQ BIN ABDUL JABAR 1. ) SUHAIMI BIN MOHD SAHAR 2. ) PENGARAH JABATAN PERHUTANAN 3. ) Kerajaan Malaysia

Citation

CA-A53KJ-224-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-224-09/2022 (Mahkamah Sesyen)

On the balance of probabilities photographic evidence, the positions of the motorcycle and occupants after impact, the credible consistent testimony of Hilux passengers, the deficiencies and late elements in police investigation and plaintiffs' delayed report made defendants' version inherently more probable. Plaintiff 1 was found 100% negligent; plaintiffs' claims therefore fail. Defendants' counterclaim for repair costs was established and allowed in part. The court applied established authorities on resolving conflicting versions and on proof and assessment of damages and special damages.
30 Jan 2024

HANISAL KHADIJAH BINTI ABDULLAH 1. ) RAJA AZLINDA BINTI RAJA NARI 2. ) ZARINA JAN BINTI MIRAJAB KHAN 3. ) YASMIN BINTI MIRAJAB KHAN

Citation

AB-12BNCvC-6-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AB-12BNCvC-6-01/2023 (Mahkamah Tinggi)

The High Court allowed the plaintiff's appeal in part, holding that the impugned social media statements (including 'ambil tanpa izin') were defamatory and referred to the plaintiff, that D1 was wrongly absolved by the Sessions Court because her words were equivalent to 'mencuri' and her defences of justification, fair comment and privilege failed (malice present or assertions unproven), and that collective conduct of the defendants caused reputational and pecuniary loss; accordingly the court substituted and awarded specific general damages, allowed special damages, awarded costs and interes…
29 Jan 2024

Siti Norazreen Binti Abdul Hamid Sebagai Wakil Diri Dan/atau Pentadbir Kepada Harta Pusaka Mohammad Razi Bin Ahmat Simati Dibawah Seksyen 8 Akta Undang-undang (Pindaan) Sibil 1984 LAI CHIN LIN

Citation

JA-B53KJ-96-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B53KJ-96-08/2020 (Mahkamah Sesyen)

The court preferred the weight of later contemporaneous medical reports showing partial recovery and independence over the plaintiff's oral testimony; strict proof required for special damages resulted in allowance of only documented dialysis payments; accordingly awards were set at RM120,000 for severe head injury, RM22,000 for loss of peripheral vision (not 80% total vision loss), RM4,060 for dialysis (documented receipts) and RM1,000/month for nine months (RM9,000) for caregiver costs, with other large claimed sums rejected for lack of proof.
20 Nov 2023

1. ) Gnanasundri A/p Thangaraja (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati) 2. ) Ganggu Naidu A/l Pentiah (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati)

Citation

JA-12B-52-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-52-08/2022 (Mahkamah Tinggi)

On appeal the High Court found the Sessions Court had insufficiently considered the material effect of a stationary car obstructing both parties' manoeuvres and misallocated inferential burdens; accordingly liability was re-apportioned equally 50% deceased/50% driver, general damages for pain and suffering increased to RM150,000, loss of dependency awarded RM57,600 on oral evidence (RM300/month x 12 x 16), loss of earning capacity RM80,000 upheld, and the defendants' cross-appeal on locus was dismissed.
28 Jun 2023

RAVI A/L LATCHUMANAH 1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan PIHAK KETIGA LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P)

Citation

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)

On the balance of probabilities the court found that a collision occurred involving Plaintiff's motorcycle and Defendants' motorcar and that Defendant 1 was negligent in striking Plaintiff from behind; Defendants failed to adduce rebuttal evidence; Defendant 3 failed to prove fraud or conspiracy; liability is 100% on Defendants (vicarious liability for Defendant 2 as owner) and Plaintiff is awarded damages with specified breakdown; counterclaim by insurer dismissed.
19 Oct 2022

MUHAMAD IZWAN BN MUHAMAD YUNUS 1. ) HARYATI BINTI ISMAIL 2. ) MOHD ZAKWAN BIN ABDULLAH

Citation

CF-A73KJ-8-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CF-A73KJ-8-01/2022 (Mahkamah Majistret)

Court accepted plaintiff's account and the mute evidence (photographs of vehicle damage consistent with plaintiff's version), rejected defendants' police report as inadmissible because defendants did not testify, applied adverse inference under s114(g) Evidence Act 1950, and found defendants 100% liable for the accident; plaintiff entitled to assessed general and special damages and costs.
24 Aug 2022

MUHAMMAD SHAIFUL AZRIL BIN SAMSOR 1. ) SUPHATTRA A/P VISAL 2. ) THA NETH A/L AH RUN

Citation

BK-A53KJ-58-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A53KJ-58-02/2020 (Mahkamah Sesyen)

On the balance of probabilities the first defendant negligently caused the accident by making an illegal U-turn into the plaintiff's lawful motorcycle lane in the face of prohibitory signage; the plaintiff discharged the burden of proof with consistent testimony, police report, IO evidence and medical/specialist reports; the first defendant elected not to call evidence and failed to rebut the prima facie case; no contributory negligence was established against the plaintiff; the court awards specific general and special damages (including reasonable future private medical treatments supported…
4 Nov 2020

AKMAL RAFI BIN ANIFAH (No. K/P: 850530-08-5883) 1. ) MOHD SHAFFIE BIN MOHAMED YUSOF (No. K/P: 740808-08-5435) 2. ) KERAJAAN MALAYSIA

Citation

AA-A73KJ-39-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A73KJ-39-01/2020 (Mahkamah Majistret)

On the balance of probabilities the defendant's version was more probable: the motorjip had signalled and stopped to turn and the plaintiff overtook on the right at speed, failed to keep a proper lookout and a safe distance, and therefore the plaintiff was negligent; accordingly liability was attributed to the plaintiff and the court awarded or assessed damages and costs consistent with findings and evidence.