Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidentiary standard for special damages
  • 17 Apr 2026

    MOHANUARMAN A/L SIVAMOORTHY ZURAINI BINTI AHMAD

    Citation
    BF-A53KJ-81-06/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BF-A53KJ-81-06/2024 (Mahkamah Sesyen)

    On the evidence the court found the L1 burst fracture, though serious and surgically treated, involved a single vertebra with no objective neurological deficit and good recovery; Plaintiff failed to mitigate by inconsistent follow-up. Accordingly the claimed sums were excessive and unjustified. The court fixed general damages at RM32,000 for the L1 injury, RM8,000 for the metatarsal fracture and RM7,000 for scarring; the sexual dysfunction claim was dismissed for lack of objective evidence and causation. Special damages were allowed only to the extent strictly proved (travel RM900; basic repo…