5 Jul 2023
1. ) XXXX 2. ) ROSSILAWATI BINTI ISMAIL 1. ) MOHAMAD AFIQ BALKIS BIN MUSTAPHA 2. ) SITI SUZIEANA BINTI HAMAT
- Citation
- DA-12B-1-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-1-01/2022 (Mahkamah Tinggi)
Appellate court will not disturb trial judge's quantum absent misdirection in law or fact; where trial judge took relevant factors and expert evidence into account, awards were upheld. Where trial judge failed to consider or improperly rejected reliable expert orthopaedic/neurosurgical evidence (risk of future osteoarthritis, need for private maxillofacial treatment, ongoing medication and need for caregiver support), the appellate court corrected the quantum and awarded appropriate sums. Specific adjustments were made only where the trial decision was shown to be unreasonable or to have igno…