Malaysia Case Law: Decisions & Judgments

Topic

Medical expenses

Legal area

Court

27 Feb 2026

LIM KUI TEONG MD NOOR BIN ISMAIL

Citation

JA-12B-63-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-63-09/2023 (Mahkamah Tinggi)

The High Court allowed the appeal in part because the Sessions Judge committed material methodological errors—accepting possibilities as certainties for future treatment, failing to apply probability and contingency discounts, unduly favouring some expert reports and permitting overlapping awards—such that several heads constituted wholly erroneous estimates; the awards were revised head-by-head and the cross-appeal was dismissed.
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.
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.
16 May 2025

CHEE LAY HWA ENG KAH LEONG

Citation

PB-A53KJ-124-03/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PB-A53KJ-124-03/2020 (Mahkamah Sesyen)

Court evaluated and accepted the plaintiff's evidence and receipts, found private treatment justified due to risk of amputation/delay at public hospital, applied compendium and relevant precedents and awarded headwise damages after assessing severity and future consequences. Specific awards were fixed (concussion RM6,500; tibial fracture RM45,000; muscle atrophy RM8,000; risk of osteoarthritis RM10,000; left ankle laceration RM1,500; infected surgical wound RM2,000; multiple/keloid scars RM20,000; skin grafting RM10,000; agreed pain, suffering and future surgery RM30,000). Past loss of earnin…
10 Mar 2025

1. ) ANNAD BIN HASSAN (SEBAGAI ORANG KETIDAKUPAYAAN YANG MENDAKWA MELALUI WAKIL LITIGASI LAZINDA BINTI HASSAN, KEDUA IAITU KAKAKNYA YANG SAH) 2. ) LAZINDA BINTI HASSAN LIM CHAI HOCK

Citation

WA-B53KJ-50-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B53KJ-50-08/2022 (Mahkamah Sesyen)

On the balance of probabilities and guided by expert medical reports and the Compendium 2018, the court awarded specific sums for general and special damages reflecting the plaintiff's severe, permanent injuries, ongoing care needs and reasonable future costs; the court accepted plaintiffs' evidence for many items (including future private treatment, care, equipment and EPF employer contribution) and rejected defendant's challenges where evidence was sufficient; defendant's proposal to remit payments to Amanah Raya and to reduce awards for alleged overlap were denied.
30 Aug 2024

KRISHNAVENNY A/P MUNIANDY YAP CHOON FONG

Citation

BA-12B-53-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-53-07/2023 (Mahkamah Tinggi)

Appeal dismissed because trial judge correctly found acute urinary retention was not established as an injury caused by the accident, the hospital bills were paid by the employer so plaintiff suffered no actual loss and awarding them would cause unjust enrichment, and orthotic costs were not recoverable because necessity was not established and plaintiff refused surgery or use of the devices.
25 Jun 2024

PEMPETISYEN HENG SIEW YUET 1. ) Wong Siew Boon 2. ) Law Kwai Fun

Citation

KA-33-33-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-33-04/2022 (Mahkamah Tinggi)

The marriage was dissolved because the Respondent’s adulterous relationship with the Co-Respondent established irretrievable breakdown (s54(1)(a)). Applying s78 and authorities on maintenance and need, the Petitioner, being elderly and unable to earn, was entitled to arrears and a lump sum maintenance calculated to age 80; the Respondent must provide a secure residence free of encumbrances and pay medical expenses; Respondent and Co-Respondent are jointly liable for damages for abandonment/adultery and costs.
4 Jan 2024

SHATIS NAIR A/L RAVINDRAN NAIR NESASELVAM A/L MUTHUSAMY

Citation

JA-12B-18-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-18-05/2022 (Mahkamah Tinggi)

Both consolidated appeals were dismissed because appellants failed to show the Sessions Court acted on a wrong principle, omitted relevant matters, or made an unreasonable estimate. Plaintiff failed to prove on evidence loss of earning capacity and full private medical expenses; the one‑third principle for private hospital costs applied. Defendant's challenges to specific quantum were not sufficient to displace the trial court's reasonable awards within established compendium ranges; thus the Sessions Court awards were affirmed.
24 Oct 2023

YEO TECK HAO TAN KOK CHYE

Citation

JA-12B-60-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-60-09/2022 (Mahkamah Tinggi)

High Court allowed plaintiff's partial appeal and held HMS erred in limiting private hospital medical bills to one-third; full hospital bill RM41,090.70 awarded because hospital was nearest, injuries were severe and defendant did not challenge reasonableness. The court upheld HMS award of RM56,808.00 for pre-trial loss of earnings (multiplicand RM6,312; multiplier 9 months) and upheld global RM50,000.00 for loss of earning capacity while rejecting claim for loss of future earnings as speculative and not supported by real and assessable evidence. Defendant ordered to pay costs RM5,000 to plain…
24 Oct 2023

YEO TECK HAO TAN KOK CHYE

Citation

JA-12B-60-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-60-09/2022 (Mahkamah Tinggi)

High Court allowed plaintiff's appeal to award full private hospital medical bills (RM41,090.70) because hospital was nearest, injuries were severe and defendant did not challenge reasonableness; it affirmed Sessions Court's award for pre-trial loss of earnings (multiplicand/multiplier based on judge's assessment and sick certificate) and upheld the global award for loss of earning capacity while rejecting future loss of earnings for lack of evidence of a real and assessable future loss; appellate interference with trial quantum is limited absent legal error or perverse assessment.