12 Nov 2021
Mohd Sidik Bin Muhamad Ketar 1. ) Zainal Hazril Bin Zainal Mokthar 2. ) Zainal Mokthar Bin Zainal Abidin
- Citation
- AB-12BNCvC-2-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-12BNCvC-2-01/2020 (Mahkamah Tinggi)
On appeal the court found plaintiff proved on balance of probabilities a permanent total right brachial plexus injury caused by the accident and that the specialised motorised MyoPro2 orthosis was necessary and useful; SP3's expert evidence was admissible under s45 Evidence Act and, given his specific expertise and corroborating medical evidence, outweighed SD1's contrary opinion; thus the claim for the orthosis (RM3,977,160) and costs (RM7,000) were allowed and the defendants' cross-appeal dismissed.