31 May 2022
Naren A/l Vejayan (Menyaman Melalui Ibu Dan Wakil Litigasi, Sarroojar A/p Subramaniam) 1. ) Kerajaan Malaysia 2. ) Tan Cheng Cheng 3. ) Mahazir bin Kassim 4. ) Murniati bt Mustafa 5. ) Lim Wei Tat 6. ) Suneet Kaur Sra a/p Charanjit Singh 7.
- Citation
- JA-21NCvC-7-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-21NCvC-7-03/2019 (Mahkamah Tinggi)
Aggravated damages were refused because the Plaintiff personally did not establish intangible injury from the Defendant's conduct and any inconvenience to the Plaintiff's mother (a non-party) cannot ground aggravated damages; discovery delays and concession decisions were appropriately reflected in costs. Specific future care items were disallowed where evidence did not support necessity or where comparable appellate authority refused similar claims. The multiplier for home nursing and carers' costs was reduced to 15 years to reflect the six years elapsed since the 2016 injury.