Malaysia Case Law: Decisions & Judgments

Topic

Loss of future earnings

Legal area

Court

16 Oct 2025

WAN ABDUL MUHAIMIN BIN WAN IZU 1. ) NIZAM BIN MOHAMAD NAWI 2. ) SITI NOR SALMIAH BINTI HASSAN

Citation

DA-A53KJ-74-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-74-01/2024 (Mahkamah Sesyen)

The court awarded specific sums for each identified injury and proved special losses, accepted the plaintiff's evidence on reduced earning capacity and applied Section 28A methodology using a multiplicand of RM600/month and multiplier of 16 years for partial loss of future earnings without any deduction for living expenses because no proof or admission of living expenses was given; totals were calculated and special damages awarded based on invoices, receipts and credible testimony.
12 Feb 2025

1. ) Roey Vibishanan a/l Nagalingam 2. ) Grand Millenium Management Ooi Kwan Yih

Citation

BA-12B-39-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-39-04/2024 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court's finding that the First Appellant was 100% liable based on investigating officer testimony, vehicle damage photos and sketch plan; it upheld the assessment methodology for loss of future earnings (annual income RM31,749 with multiplier 16 yielding RM507,984) and concluded the original RM40,000 for severe traumatic brain injury was unreasonably low, increasing it to RM80,000; costs of RM5,000 were awarded to the Respondent.
28 Oct 2024

DAKRIM BIN DAUD LIM A/L DIN GEN

Citation

BA-12B-85-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-85-11/2023 (Mahkamah Tinggi)

Appellate court found eyewitness evidence of SP2 and SP5 and factual matrix more credible than the Sessions Court's adverse credibility findings; concluded Lim turned when his right-turn signal was red for him and thus was 100% negligent; left most general damages intact but allowed RM20,000 for closed fracture of right fibula and recalculated future loss of earnings based on proved monthly income RM12,850 to RM1,464,900; orthosis award RM46,200 upheld; appellate interference limited to areas where trial judge misapplied credibility assessment and where evidence supported a different quantum.
15 Oct 2024

Mohd Nizam Bin Abdul Talib 1. ) LIM CHIN ZHEN 2. ) WAN MOHD MUSTAFFA BIN ZULKARNAIN

Citation

CA-A53KJ-189-07/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-189-07/2023 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff proved specific past loss (RM6,527.10) and established causal link and sufficient evidence for future loss under the amended s.28A. Court applied statutory formula (multiplicand RM1,650.83; multiplier 8 years) less 14 months salary already paid, awarding RM135,368.06 for future earnings. Court accepted medical and witness evidence of permanent head injury, bilateral hearing loss and clavicle fracture and assessed respective awards (head RM100,000; hearing loss RM45,000; clavicle RM20,000), allowed EPF loss RM13,065.33, supervisory care RM114,500 a…
10 Sept 2024

1. ) KUMAR A/L SUPRAMANIAN 2. ) ANNALETCHUMI A/P KRISHNAN 1. ) KHAIRUL NIZAM BIN ABDULLAH 2. ) NUR AISYAH BINTI RASHID

Citation

NA-12BNCvC-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12BNCvC-1-01/2023 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court because the latest orthopaedic specialist reports were more credible than orthotist/prosthetist reports, plaintiffs failed to strictly prove special damages and future loss of earnings (no documentary proof or relevant witnesses and no mitigation), therefore the quantum awarded at trial is appropriate and the appeals on quantum lack merit.
4 Apr 2024

AHMAD FAIZ BIN ISMAIL @ IBRAHIM Muhammad Firdaus Bin Mohd Yasin

Citation

BA-12B-31-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-31-04/2023 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court's factual finding of 100% liability after weighing conflicting versions and vehicle damage; reduced the loss of future earnings award from RM336,000 to RM278,400 because evidence showed the Respondent could perform light work and rehabilitation was possible; and limited the prosthetic limb award to 50% of the Endolite Asia Sdn Bhd quote to provide a reasonable mechanical prosthesis and avoid unjust enrichment while recognizing entitlement to proper remedial treatment.
15 Feb 2024

MUHAMMAD FADLY BIN JAAFAR 1. ) KURNIADI BIN SAHARAN 2. ) SOUTHERN FORWARDTRAN SDN BHD

Citation

JA-B53KJ-44-06/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B53KJ-44-06/2020 (Mahkamah Sesyen)

CCTV evidence copied by the investigating officer was admissible and, on the balance of probabilities, established that the lorry had moved into the junction mouth and struck the motorcycle; both parties were negligent but the plaintiff bore a greater share of responsibility (70%) for placing himself in a dangerous position by being alongside the lorry at the mouth of the junction. Consequently defendant 1 was 30% liable. The court awarded compensatory damages for amputation, approved a reasonably priced hydraulic prosthesis proposed by defendant (with a one-third contingency deduction), and…
2 Apr 2023

NAGENTHIRAN A/L THANGARAJOO 1. ) MUHAMAD AZWAN BIN MOHD AFANDI 2. ) YLS RESOURCES SDN BHD

Citation

DA-12B-26-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-26-07/2022 (Mahkamah Tinggi)

Allow part of the appeal: the trial judge erred in excluding employer EPF from the multiplicand and in some assessments of pre‑trial care; inclusion of overtime/allowances and EPF increased the multiplicand, the court adjusted the future earnings award and confirmed a one‑third deduction for living expenses on the combined figure; the applicant was entitled to an award for spouse care before trial and an awarded wheelchair cost, but other claims for extensive assistive devices, paid full‑time carers, driver and depression medication were not proved and properly rejected.
13 Jan 2023

1. ) Jagan Naidu a/l Arumugam 2. ) Arumugam a/l RAnggasamy 1. ) Junaidah binti Musa 2. ) Muhammad Aliff Rizqi Izham Shamsul bin Abdul Haq

Citation

BA-12B-38-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-38-07/2022 (Mahkamah Tinggi)

The High Court held that the trial judge misapprehended facts and erred in principle in awarding loss of future earnings to the 1st respondent and therefore set that award aside; the combined dependency award was not wholly unjustified but required apportionment under section 7(4) Civil Law Act 1956 into RM305,440 for the 1st respondent and RM200,000 for the 2nd (OKU) plaintiff, with the RM200,000 to be held in trust by Amanah Raya Berhad for the child; pre-trial interest on future losses was wrongly awarded and is disallowed; the liability appeal was dismissed and the cross-appeal was dismis…
13 Jan 2023

1. ) Jagan Naidu a/l Arumugam 2. ) Arumugam a/l Ranggasamy 1. ) Junaidah binti Musa 2. ) Muhammad Aliff Rizqi Izham Shamsul bin Abdul Haq

Citation

BA-12B-38-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-38-07/2022 (Mahkamah Tinggi)

Liability appeal dismissed; award for loss of future earnings set aside for lack of cogent proof of causal link and for reliance on unreliable December takings; dependency award of RM505,440 was not shown to be wholly wrong but required segregation and apportionment under Civil Law Act s7(4) to RM305,440 for the re‑married wife and RM200,000 for the disabled son, with RM200,000 to be held by Amanah Raya Berhad in trust; pre‑trial interest on future losses set aside; RM243,500 paid by defendants to plaintiffs ordered refunded with 5% p.a. interest if delayed; each party to bear own costs; cros…