Malaysia Case Law: Decisions & Judgments

Topic

Loss of earnings

Legal area

Court

10 Apr 2026

1. ) ZULKARNIN BIN HUSSEIN 2. ) YAP CONTRACTOR 1. ) MD RASIDI BIN GAZALI 2. ) NUR AFIKA BINTI AZMAN

Citation

JA-12B-81-11/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-81-11/2025 (Mahkamah Tinggi)

Appellate court set aside awards for future cervical surgery and both past and future loss of earnings because the Sessions Court failed to consider more recent, contradictory expert medical evidence and the plaintiffs failed strict proof for employment and earnings; awards for pre-trial and post-trial care were upheld because comprehensive neuropsychiatric, neurosurgical evidence and GOSE classification supported ongoing care needs; interest on future awards to run from date of Sessions Court judgment.
13 Mar 2026

1. ) Mohd Fazely Bin Md Taha 2. ) Nur Hidayah Hamizah Bte Mohd Ruba'i 1. ) Gan Seng Giap 2. ) Yeong Siew Ching

Citation

JA-12B-35-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-35-06/2025 (Mahkamah Tinggi)

The appellate court held the Sessions Court's core awards were largely within acceptable ranges but required adjustment: the RM400,000 general damages for complete traumatic spinal cord injury was upheld as within the Compendium range; however overlapping injuries justified a 10% global deduction producing RM410,400; loss of earnings required deduction of admitted living expenses and recalculation yielding RM475,527.50; future care should be awarded for home care at RM3,500/month over a 19-year post-trial period (accounting for reduced life expectancy and contingencies) giving RM798,000; ambu…
13 Mar 2026

1. ) Gan Seng Giap 2. ) Yeong Siew Ching 1. ) Mohd Fazely Bin Md Taha 2. ) Nur Hidayah Hamizah Bte Mohd Ruba'i

Citation

JA-12B-36-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-36-06/2025 (Mahkamah Tinggi)

Applying established appellate restraint and cited authorities, the court adjusted the trial quantum where awards were outside appropriate evaluative considerations: it upheld the RM400,000 general award for traumatic spinal cord injury as within the Compendium range; allowed a 10% overlap deduction producing a global general damages award of RM410,400; held that living expenses of RM1,150 per month must be deducted from the multiplicand under s28A, recalculating loss of earnings to RM475,527.50; determined future care should be provided at home at RM3,500/month for 19 post-trial years produc…
12 Mar 2026

SOCAR MOBILITY MALAYSIA SDN BHD 1. ) GOBALAN A/L ARUMUGAM, SEBAGAI BAPA YANG SAH DAN PENANGGUNGAN KEPADA PAVITHRA DEIWI A/P GOBALAN, SIMATI, UNTUK DIRI SENDIRI 2. ) AANATHAVALI A/P SUBRAMANIAM, SEBAGAI IBU YANG SAH DAN PENANGGUNGAN KEPADA P

Citation

JA-12B-25-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-25-04/2025 (Mahkamah Tinggi)

On the balance of probabilities the accident was caused by catastrophic brake failure; res ipsa loquitur and the adverse inference under s114(g) Evidence Act 1950 were properly applied against the owner who had custody and disposed of the vehicle; owner owed a direct duty of care to passengers; apportionment of liability at 90% to SOCAR and 10% to driver was justified; Respondents' cross-appeal on quantum succeeded in part awarding P5 RM83,160 for loss of actual earnings and RM399,168 for loss of earning capacity; interest and costs orders as specified.
26 Jan 2026

1. ) LIM CHOON KIT 2. ) LIM MEI HSIA 1. ) WOO ZHONG MIN 2. ) LEE PEK HUAW 3. ) WOO KWONG SHOON

Citation

BA-12B-74-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-74-07/2024 (Mahkamah Tinggi)

The Sessions Court misdirected itself in law by dismissing liability solely on a variance between pleadings and trial evidence without first determining whether the Defence was misled or prejudiced and without deciding the real dispute that was fully tried; appellate intervention is warranted to correct that legal error but not to reassess or substitute factual findings on negligence, contributory negligence or quantum.
26 Jan 2026

1. ) WOO ZHONG MIN 2. ) LEE PEK HUAW 3. ) WOO KWONG SHOON 1. ) LIM CHOON KIT 2. ) LIM MEI HSIA

Citation

BA-12B-73-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-73-07/2024 (Mahkamah Tinggi)

The High Court allowed Appeal 73 in part because the Sessions Court misdirected itself in law by dismissing liability solely on a pleading variance without determining whether the defendants were misled or prejudiced and without deciding the real dispute that was fully ventilated at trial; the intervention was limited to correcting that legal misdirection and did not reassess or substitute factual findings on negligence or quantum; Appeal 74 on quantum was dismissed for failure to show error of principle or manifest excess.
28 Nov 2025

KAU MING HOOI GHOURY A/P KRISHNAN

Citation

PA-12B-44-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-44-12/2023 (Mahkamah Tinggi)

Appellate court found no basis to interfere with the Sessions Court's assessment of quantum under the 'plainly wrong' standard, affirmed the Sessions Court's quantum awards, but allowed the appeal in part to reallocate liability as 100% to the Defendant because she turned across ongoing traffic while the Plaintiff was within speed limit.
10 Oct 2025

UMMI KALSUM BINTI AZIZAN MOHD AZIMAN BIN MOHD SHARI

Citation

BA-12B-81-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-81-07/2024 (Mahkamah Tinggi)

The High Court held that the Sessions Court did not commit any principle error or misappreciation of material facts in assessing quantum; the trial judge properly admitted and weighed the medical evidence including the later report; the awards of RM50,000.00 general and RM288,817.66 special damages were within judicial discretion and not manifestly excessive; appeal dismissed with costs RM5,000.00.
25 Sept 2025

PUTRA & CO SDN. BHD. Pentadbir Tanah Daerah Kota Setar

Citation

KA-15-33-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-15-33-07/2024 (Mahkamah Tinggi)

Court accepted joint assessors' valuation adjustments using a single time adjustment and grouped other adjustments, adopted market value RM2,400.00 per sqm (RM223 per sq ft) producing land value RM2,793,925.00, allowed reversion calculation with a higher reversion return rate (7.5%), increased the award over the Land Administrator's figure by RM1,564,364.67, replaced the incidental cost award for replacement premises with loss of earnings RM150,000.00, and rejected unproven claims for legal fees, structures and prepaid lease tax.
26 May 2025

Tan Yee Seong MOHD HUSAINI BIN ABU HASSAN

Citation

CB-12B-8-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-8-07/2022 (Mahkamah Tinggi)

The High Court held it had jurisdiction to decide quantum under the Notice of Appeal and the Court of Appeal remittal; it found no error in the Sessions Court's evaluation of evidence or the methodology for assessing damages and therefore refused to disturb the awards, confirming all heads and the amounts awarded.