Malaysia Case Law: Decisions & Judgments

Topic

Compendium guidelines

Legal area

Court

6 Mar 2023

MOHAMAD HAKIM WIJONO BIN MD ABU HAMID LEE KIN SING

Citation

JA-A53KJ-149-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-149-03/2022 (Mahkamah Sesyen)

On the balance of probabilities the court awarded specific sums for the accepted injuries and proved special damages: RM40,000 for the closed comminuted fracture (tibia/fibula with minimal shortening), RM2,000 for knee abrasion, RM10,000 for operative scars, RM5,000 for pain and suffering relating to future implant removal, one-third of claimed physiotherapy (RM1,200), and specified special damages items (family visits, motorcycle repair, removal of implant, hospital bill, cost of metal, travel). Claims for osteoarthritis, TKR and revision, shoe raise, anti-inflammatory medication and loss of…
5 Dec 2022

LEE BOON KIM 1. ) SUHAIMI BIN MESDI 2. ) WARE INTERNATIONAL SDN BHD

Citation

JA-A53KJ-696-09/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-696-09/2019 (Mahkamah Sesyen)

The court applied Compendium 2018 ranges and assessed each injury on the evidence, awarding quantified general damages and limited special damages where proved; private hospital bills were reduced to one-third due to lack of justification for full private treatment, future treatment costs were allowed only to the extent supported by credible medical evidence (PDE5 therapy and one-third of bladder treatment), future major surgeries (TKR and revisions) and speculative risks (future OA, gait impairment, loss of marriage prospects) were rejected, and past loss of earnings was limited to the certi…
22 Sept 2022

1. ) YUGENTREAN A/L SURESH 2. ) SATHISWARY A/P ANANTHARAJA 1. ) CHIN WAI LOON 2. ) TANG SZE KUEN

Citation

JA-A53KJ-337-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-337-05/2021 (Mahkamah Sesyen)

The court accepted the defendants' more recent orthopaedic report as more probative and found the plaintiff sustained minimal permanent impairment; awards were made in line with Compendium 2018 and established principles on private hospital expenses and proof of special damages. Accordingly general damages were awarded for the ankle fracture, abrasions and scars; special damages were allowed where proven and reasonable (physiotherapy, transport, visitation, one-third of private hospital bill, two-thirds of 6 months lost earnings); claims for loss of future earnings, loss of earning capacity a…
20 Jul 2022

LIM KEE THIAM RASHID BIN SUNGGOH

Citation

JA-A53KJ-238-04/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-238-04/2019 (Mahkamah Sesyen)

On balance of probabilities the plaintiff failed to prove the OA of the right knee was caused by the accident because the alleged x‑ray evidence and notes were hearsay (examining doctor was Dr Ong and not SP3), subsequent specialist examinations did not corroborate OA, and expert evidence supported alternative causes; accordingly future TKR and OA‑related awards were rejected. Scar revision cost limited to one‑third of private estimate because plaintiff received government hospital treatment and failed to prove unavailability of public treatment. Plaintiff's self‑prepared income records were…
12 May 2022

1. ) XXXX 2. ) NORLIDA BINTI WAHID @ ABDUL WAHID 1. ) SIVA CHANDRAN A/L APPALASAMY 2. ) ST FW ENTERPRISE

Citation

JA-A53KJ-217-04/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-217-04/2020 (Mahkamah Sesyen)

Court accepted defendants' submissions and Compendium ranges where plaintiffs failed to justify higher awards; awarded specific amounts for each injury on proven evidence, allowed limited future minimal medical expense, rejected claim for private psychiatric treatment and lifetime medication where public hospitals provided free care and there was no evidence plaintiff would incur private costs; applied recorded contributory negligence of plaintiffs 50% to reduce defendants' liability accordingly; awarded interest and costs as specified.
14 Mar 2022

1. ) Murugesh a/l Krisha 2. ) Magalingam a/l Thanamani 1. ) Goo Soon Siang 2. ) Dan Teck Yon

Citation

JA-A53KJ-116-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-116-02/2020 (Mahkamah Sesyen)

Applying settled authorities and the Revised Compendium 2018, the court awarded measured general and special damages based on medical evidence, allowed loss of earning capacity but rejected claim for future loss of earnings to age 55 and pain and suffering for future surgery due to lack of cogent evidence that such surgeries will necessarily occur; awarded specified sums for each injury, allowed 2/3 of agreed private hospital bills and 1/3 of projected future surgery costs, ordered interest and costs as stated.

Malaysia Case Law

MOHAMAD HAKIM WIJONO BIN MD ABU HAMID LEE KIN SING

LEE BOON KIM 1. ) SUHAIMI BIN MESDI 2. ) WARE INTERNATIONAL SDN BHD

1. ) YUGENTREAN A/L SURESH 2. ) SATHISWARY A/P ANANTHARAJA 1. ) CHIN WAI LOON 2. ) TANG SZE KUEN

LIM KEE THIAM RASHID BIN SUNGGOH

1. ) XXXX 2. ) NORLIDA BINTI WAHID @ ABDUL WAHID 1. ) SIVA CHANDRAN A/L APPALASAMY 2. ) ST FW ENTERPRISE

1. ) Murugesh a/l Krisha 2. ) Magalingam a/l Thanamani 1. ) Goo Soon Siang 2. ) Dan Teck Yon