28 Oct 2024
DAKRIM BIN DAUD LIM A/L DIN GEN
- Citation
- BA-12B-85-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-85-11/2023 (Mahkamah Tinggi)
Appellate court found eyewitness evidence of SP2 and SP5 and factual matrix more credible than the Sessions Court's adverse credibility findings; concluded Lim turned when his right-turn signal was red for him and thus was 100% negligent; left most general damages intact but allowed RM20,000 for closed fracture of right fibula and recalculated future loss of earnings based on proved monthly income RM12,850 to RM1,464,900; orthosis award RM46,200 upheld; appellate interference limited to areas where trial judge misapplied credibility assessment and where evidence supported a different quantum.