Malaysia Case Law: Decisions & Judgments

Topic

Quantum

Legal area

Court

9 Feb 2026

Arif Hilmi bin Abdul Fatah Safiai bin Mohamed

Citation

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)

Defendant, having failed to give evidence and confronted with police and witness evidence and damage patterns, was held 100% negligent for making an unsafe U-turn into Plaintiff's lane; Plaintiff bore no contributory negligence; damages assessed item-by-item on medical and comparative authorities and future loss awarded on accepted income and multiplier.
24 Oct 2025

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

Citation

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.
15 Oct 2025

1. ) MOHD FIRDHAUS BIN MUSA 2. ) NORHASILAWATI BINTI IBRAHIM 1. ) DMAR UNGGUL ENTERPRISE 2. ) MUHAMMAD FADHIL BIN MUHAMAD

Citation

CA-A53KJ-169-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-169-06/2024 (Mahkamah Sesyen)

On the balance of probabilities the defendant's version was more probable; plaintiff 1 contributed to the accident. Liability apportioned 80% to plaintiff 1 and 20% to defendant 2. Court assessed general and special damages as set out in the reasons and reduced defendant's payable share by the apportionment percentage; interest and costs were ordered as specified.
6 Oct 2025

MOHD FIRDAUS BIN DOLLAH 1. ) MUHAMMADI BIN YUSOFF 2. ) MUHAMAD KHAIRUDDIN BIN AKROLRAJIL

Citation

DA-12B-29-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-29-09/2024 (Mahkamah Tinggi)

The High Court held the trial judge erred in rejecting the plaintiff's claims solely for lack of documentary proof and in refusing to take judicial notice of local wage practices; oral testimony supported by a co-worker and an admission by the first respondent established employment and earnings on the balance of probabilities. The appeal was allowed insofar as past and future loss of earnings were awarded and the respondents' cross-appeal was dismissed as procedurally defective.
3 Oct 2025

YUSOFF BIN IBRAHIM 1. ) TAN TUAN CHUAN 2. ) YAP CHOON KONG

Citation

JH-A53KJ-77-07/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JH-A53KJ-77-07/2024 (Mahkamah Sesyen)

On the balance of probabilities the court found both parties negligent and apportion ed liability 20% to the Plaintiff and 80% to the Defendants. The court awarded general damages totalling RM152,000 and special damages totalling RM21,691.65, reduced to the defendants' share (80%) resulting in RM121,600 general damages and RM17,353.32 special damages. Interest was ordered: 2.5% p.a. on special damages from date of accident to judgment; 5% p.a. on general damages from date of writ to judgment; and 5% p.a. on the entire judgment from judgment until full settlement. Costs to follow the scale and…
8 Sept 2025

Ahmad Tajudin bin Romli Amirul bin Jusoh

Citation

KA-A73KJ-681-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KA-A73KJ-681-12/2023 (Mahkamah Majistret)

Plaintiff failed to prove on the balance of probabilities that the defendant was involved in or caused the collision; material inconsistencies between plaintiff's police report and pleadings, absence of linking evidence and the defendant's consistent account rendered the defendant's version inherently more probable; therefore plaintiff's claim is dismissed with costs.
4 Sept 2025

MOHAMAD SYAFIQ FARHAN BIN MUHAMAD MOHD FAISAL BIN ABDUL RAHIM

Citation

DA-A53KJ-830-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-830-08/2024 (Mahkamah Sesyen)

Defendant's account was inherently more probable and corroborated by the police investigator and scene evidence; plaintiff's evidence was inconsistent and rejected. Accordingly plaintiff was held 100% liable for the collision; specific heads of damages were allowed or disallowed as found by the court.
30 Jul 2025

1. ) MASTURIANTIE BINTI MAT HASSAN 2. ) MUHAMAD NURHISYAM BIN RUSLAN 3. ) XXXX 1. ) MOHD ZAIDI BIN AB RAHMAN 2. ) MERSING CONCRETE SDN BHD

Citation

CA-A53KJ-289-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-289-12/2022 (Mahkamah Sesyen)

Court resolved the conflicting accounts by weighing neutral physical evidence (photographs, sketch, damage patterns and resting positions) and found on the balance of probabilities that the defendant-driven lorry intruded into the plaintiffs' lane; defendant 1 was held 100% negligent. The court assessed quantum item by item, allowed a mix of general and special damages including certain future care items (partly reduced or rejected where unproven), and awarded interest and costs as set out in the judgment.
30 Jun 2025

1. ) MOHD ZAWAWI BIN MANSHOR 2. ) AMIRUL AKMAL BIN MOHD ZAWAWI 1. ) WAN MUHAMAD ZAKUAN BIN WAN HASSAN BESHARI 2. ) WAN NORAINI BINTI WAN YUSUF

Citation

DI-A53KJ-44-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-A53KJ-44-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the court preferred the defendants' version. The investigating officer's oral evidence contained inconsistencies and omissions, but the uncontroverted accident sketch and photographs showed debris and final resting positions on the defendant's carriageway; plaintiffs failed to discharge the burden of proof and therefore are 100% liable; plaintiffs' claims against defendants are dismissed.
5 Jun 2025

MARENTARAN A/L SEVAPERUMAL MOHD RAZALI BIN YUSOF

Citation

CA-A53KJ-52-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-52-03/2023 (Mahkamah Sesyen)

Special damages claimed were disallowed where not specifically pleaded or strictly proved; appropriate general damages were assessed item by item and awarded in specified sums totaling RM287,000.00; future nursing care was awarded at RM1,000.00 per month over agreed life expectancy (13 years) totaling RM156,000.00; total judgment sum RM443,000.00; interest and costs ordered as specified; Revised Compendium and authorities used as guidance.