Malaysia Case Law: Decisions & Judgments

12 Jan 2021

YASMIN NABILAH BINTI ZULHILMI (Seorang kanak-kanak yang menyaman melalui bapa dan wakil litigasinya Zulhilmi bin Abdul Hlim) KERAJAAN MALAYSIA

Citation: WA-21NCVC-11-03/2019 (Mahkamah Tinggi)
Court: High Court
Case number: WA-21NCVC-11-03/2019 (Mahkamah Tinggi)

Liability was admitted; the court assessed quantum by relying on expert evidence and Brooks Table to fix life expectancy at 33 years, applied a 15% contingency to the remaining years to compute a multiplier of 18 for general damages, awarded special damages only to the extent proved or reasonably inferable (total RM132,804), denied or reduced claims for private treatment and certain equipment where equivalent care is available at public hospitals, awarded a one‑third contribution for a multipurpose vehicle and declined awards that would impose unreasonable precedent or burden on the Governmen…

SITI AJAR MAT ZAIN v CINDY TEOH

Citation

SITI AJAR MAT ZAIN v CINDY TEOH

Court

Malaysian court

The Court held that multiplicand equals the amount the deceased actually contributed to the parent (not the deceased's last drawn income), allowed deduction of RM135 monthly instalment for the deceased's motorcycle from the adjusted contributory amount, and affirmed that the statutory 16-year multiplier for persons under 30 is not mandatory in parental loss of support claims — the multiplier may be reduced on facts (here ten years used and accepted).