Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prosthesis cost

  • 21 Feb 2025

    TENG WAI KEAT Pang Jing Yuan

    Citation
    CB-12B-12-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-12B-12-10/2023 (Mahkamah Tinggi)

    The High Court held that the trial judge was entitled to prefer one expert report over another as a legitimate exercise of judicial discretion, that the absence of fuller reasons did not demonstrate a material failure to evaluate the evidence, and therefore there was no basis for appellate interference with the quantum award; both the appeal and cross‑appeal were dismissed.

  • 9 Mar 2022

    Ong Jia Hao 1. ) Abdul Majid Bin Othman 2. ) Jamilah Binti Hashim

    Citation
    AB-A53KJ-186-11/2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AB-A53KJ-186-11/2019 (Mahkamah Sesyen)

    On the balance of probabilities the plaintiff failed to prove the defendants were solely 100% negligent. Material and silent evidence (vehicle damage pattern, brake marks, glass debris) supported the defendants' version that the motorcycle impacted the car's right front side. The court apportioned liability 20% to the defendants and 80% to the plaintiff based on plaintiff's contributory negligence (riding without licence, unregistered/uninsured vehicle, possible defective braking/headlamp and failure to ensure roadworthiness). Damages were awarded proportionately and prosthesis funding limite…