Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Orthosis costs

Legal area

Court

10 Sept 2024

XXXX WAN MOHD HAWARIY BIN WAN YUSOF

Citation

DA-12B-4-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-4-02/2024 (Mahkamah Tinggi)

Appeal allowed in part: the High Court found no demonstrable misdirection or perverse assessment by the trial judge except in relation to the orthosis item. The trial judge’s overall quantum awards were supported by evidence and applicable compendium guidance and were therefore upheld. The orthosis award was varied to accept the plaintiffs' orthotist quotation for a custom right insole (RM2,600 per unit) across expected lifetime (59 years), producing RM153,400; all other awards were affirmed.
27 Nov 2019

1. LEE CHOW SUAN 2. MEGA GEOPRODUCTS AND SERVICES SDN BHD AFIQ AKMAL BIN AZMI

Citation

DA-12B-42-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-42-09/2018 (Mahkamah Tinggi)

The appeal was dismissed because the defendants were estopped from reopening the orthosis cost after expressly agreeing the amount at trial, and the Sessions Court did not err in awarding future loss of earnings: the plaintiff proved employment and income, expert reports established permanent disability limiting future earning capacity, the multiplicand and multiplier were properly applied, and failure to cross-examine material aspects of the plaintiff's evidence amounted to acceptance of that evidence.