Malaysia Case Law: Decisions & Judgments

Topic

Assessment of general damages

Legal area

Court

7 Nov 2024

S.G. CABLES SDN BHD MKRS BUMI (M) SDN BHD

Citation

BI-B52NCvC-3-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-B52NCvC-3-11/2020 (Mahkamah Sesyen)

Plaintiff failed to rebut Defendant's unchallenged evidence (SD1) and produced no witnesses or evidence to negate the counterclaim; applying Evidence Act ss 101 and 103 and relevant authorities the court accepted Defendant's evidence, dismissed Plaintiff's claim, allowed Defendant's counterclaim for return of the 12 original certificates and ordered assessment of general damages.
10 Oct 2024

PARTHIBA KUMAR A/L SUBRAMANIAM AMIRUDDIN BIN BIDEN

Citation

JA-A53KJ-419-07/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-419-07/2023 (Mahkamah Sesyen)

Plaintiff failed to discharge the burden of proving defendant's negligence on the balance of probabilities because the only oral evidence establishing the collision was the investigating officer (SP1) whose testimony was inconclusive on critical facts (signal colours) and the plaintiff did not give evidence; payment of a summons is not conclusive proof of liability; special damages were not strictly proved. Therefore the plaintiff's claim is dismissed with costs.
4 Jan 2024

SHATIS NAIR A/L RAVINDRAN NAIR NESASELVAM A/L MUTHUSAMY

Citation

JA-12B-18-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-18-05/2022 (Mahkamah Tinggi)

Both consolidated appeals were dismissed because appellants failed to show the Sessions Court acted on a wrong principle, omitted relevant matters, or made an unreasonable estimate. Plaintiff failed to prove on evidence loss of earning capacity and full private medical expenses; the one‑third principle for private hospital costs applied. Defendant's challenges to specific quantum were not sufficient to displace the trial court's reasonable awards within established compendium ranges; thus the Sessions Court awards were affirmed.
11 Jul 2023

1. ) ROSLI A/L JENDUT 2. ) ATAN BIN BARO 3. ) MELAH BINTI HAMID 4. ) AWANG BIN BAKO 5. ) ESAH A/P WIR 6. ) KASIM BIN AWANG 7. ) Majib Bin Kasim 1. ) AGROBEST (M) SDN. BHD 2. ) Mudzafar Bin Abu Samah 3. ) Khong Chung Chong

Citation

CA-22NCvC-46-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

CA-22NCvC-46-08/2018 (Mahkamah Tinggi)

Defendants knew of the burial ground, instructed and employed the third defendant to excavate and remove graves using heavy machinery in a manner disrespectful of Orang Asli customary rites without the plaintiffs' consent or valid representation; this conduct amounted to an actionable disturbance of the burial site making the defendants liable, and in the absence of admissible documentary proof for special damages the court awarded RM20,000 to each plaintiff as general damages and dismissed claims for aggravated, exemplary and emotional damages.
28 Jun 2023

Lembaga Perindustrian Nanas Malaysia CCA ADVERTISING SDN. BHD.

Citation

JA-12BNCvC-18-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-18-07/2021 (Mahkamah Tinggi)

Court found a contract existed despite no written agreement because the Respondent's invoice constituted an offer, the Defendant accepted and used the Technical Videos constituting acceptance and consideration; P11 was a valid written acknowledgment by the Director General under ss.26(2) and 27 Limitation Act 1953 that refreshed the cause of action to 25.5.2015 making the claim filed 20.11.2017 within time; the Sessions Court's award of RM20,000 general damages was reasonable and not plainly wrong, therefore the appeal is dismissed with costs.
29 Nov 2022

1. ) XXXX 2. ) NOOR AZYYATI BINTI MOHD ARIS (ibu dan wakil litigasi yang sah kepada Pertama) 1. ) NAGARAJAH A/L PARMASIVAM 2. ) VADIVALU A/L PERIASAMY

Citation

NA-A53KJ-452-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A53KJ-452-10/2020 (Mahkamah Sesyen)

Court accepted plaintiffs' medical and expert evidence and comparative authorities and awarded RM6,000 for loss of consciousness and RM100,000 for traumatic brain injury with intracranial haemorrhage as reasonable general damages; the court allowed specified special damages in reduced amounts where evidence was absent or limited, applied judicial notice to some travel costs, and ordered interest and costs as specified.
6 Jul 2022

MUHAMMAD SHAHRIR BIN MOHD SAZALI 1. ) LIM JIAN ROO 2. ) WANG KIAN WEI

Citation

JA-A53KJ-384-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-384-05/2021 (Mahkamah Sesyen)

Court applied s.28A(1)(a) Civil Law Act 1956 and relevant Federal Court authority to allow full recovery of medical expenses despite insurer guarantee; assessed special damages RM53,358.60 and general damages RM61,000.00; rejected claim for loss of future earnings and loss of earning capacity for lack of evidence; awarded interest as per specified rates and costs in the scale.
1 Jul 2022

Norfazlin binti Zamani 1. ) Kerajaan Malaysia 2. ) Khor Xin Yun 3. ) Wong Wei Lin 4. ) Nurul Izzah Che Jusoh 5. ) Mohd Khairur Razikin bin Ramlan 6. ) See Jing Kai 7. ) Mohd Syazwan Mohd Rosli 8. ) Farah Natasha Abdul Rasid 9. ) Mohd Nazalu

Citation

BA-21NCvC-48-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-48-08/2019 (Mahkamah Tinggi)

Liability admitted by Defendant; court awarded RM260,000 general damages for pain and suffering and loss of amenities (including psychiatric injury), RM60,000 for future surgeries (two operations at RM30,000 each), special damages allowed: RM3,640 hospital expenses, RM1,250 travel expenses, RM15,000 loss of income, RM2,500 care by family; combined getting-up and out-of-pocket expenses awarded RM150,000; aggravated damages awarded RM150,000 for conduct including delayed admission of liability and deficiencies in care; interest awarded: 4% p.a. on special damages from 28.8.2016 to judgment, 8%…
10 Sept 2020

Fadly Afiq Bin Fahmimahzan 1. ) Shereena A/P Vijayan 2. ) Vijayan A/P K.K. Pillai

Citation

WA-A73KJ-2588-12/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-2588-12/2019 (Mahkamah Majistret)

On the balance of probabilities the court found the cause of the collision indeterminate and apportioned liability equally (50:50); damages were assessed but limited to RM100,000 due to Magistrates' Court jurisdictional ceiling; interest and costs were awarded as ordered; payment into plaintiff's solicitors' client account was permitted.