Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Damages — quantum

Legal area

Court

4 Sept 2023

Sitti Noorwati Binti Abdul Haya 1. ) Suhaimi Bin Sulaiman 2. ) S & S Transport Servive

Citation

WA-A53KJ-415-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A53KJ-415-09/2021 (Mahkamah Sesyen)

Court preferred plaintiff’s contemporaneous version and physical evidence, found defendants 100% liable because lorry lost control and crossed into plaintiff’s lane after tyre failure; inevitable accident defence and contributory negligence not established on balance of probabilities; awarded specific sums for general and special damages and directed interest and costs as set out.
10 May 2021

XXXX LEE HOON POI

Citation

J-04(W)-610-12/2018 (Mahkamah Rayuan)
Court

W
Case number

J-04(W)-610-12/2018 (Mahkamah Rayuan)

The Court held the LJC did not err in setting aside the trial court's RM2,000,000 award for a bionic prosthesis and reducing it to RM620,370 for a mechanical prosthesis because the higher award was disproportionate in the overall compensatory scheme given findings on employment, the claimant's post‑accident conduct (resuming then resigning), existing awards for actual and future loss of earnings, lack of sufficient evidence that mechanical options were unsuitable after following recommended remediation, and public policy concerns about precedent; exemplary/aggravated damages were not awarded…