Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Medical evidence and expert reports

Legal area

Court

22 Mar 2023

YAP YEW WAI THERESA ANNE A/P SINNAPPAN

Citation

BL-12B-18-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12B-18-11/2022 (Mahkamah Tinggi)

The appellate court found the trial judge erred in assessing quantum because the awards were not sufficiently grounded in current medical evidence, and the trial court failed to properly weigh defence medical reports; the appeal was allowed and the quantum was reduced in accordance with the court's analysis and the Compendium of Personal Injury Awards.
18 Sept 2020

Mohd Helmieza bin Suhaimi Lariman bin Niuk

Citation

AB - 12B NCVC - 10 - 07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB - 12B NCVC - 10 - 07/2019 (Mahkamah Tinggi)

Appeal allowed in part: the Sessions Court's awards were partially set aside and substituted because the judge misdirected herself on future earning capacity and failed to give proper weight to medical reports and contractual status; specific reductions were justified (brachial plexus RM80,000 to RM50,000; closed fracture RM36,000 to RM25,000) and loss of future earnings reduced and recalculated at RM94,500 based on net salary RM1,500 for 63 months (contractual remainder). Other heads of damages were maintained where supported by evidence.