Malaysia Case Law: Decisions & Judgments

Topic

Quantum of general and special damages

Legal area

Court

17 Mar 2026

XXXX 1. ) GURU BESAR SK SRI SELAMA 2. ) PEGAWAI PENDIDIKAN DAERAH LARUT, MATANG & SELAMA 3. ) Jabatan Pendidikan Negeri 4. ) KEMENTERIAN PENDIDIKAN MALAYSIA 5. ) Kerajaan Malaysia

Citation

AP-A71NCvC-1-01/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AP-A71NCvC-1-01/2024 (Mahkamah Majistret)

Court found that a duty of care existed and that defendants 1–4 breached that duty by failing to ensure reasonable periodic maintenance and technical inspection of a permanently installed, heavy and suspended appliance; adverse inference drawn under s114(g) Evidence Act 1950 from defendants' failure to produce maintenance and JKR incident reports; breach caused the pupil's injuries; defendants 1–4 liable in negligence and defendant 5 vicariously liable; plaintiff entitled to general damages RM6,000, interest and costs; special, punitive and exemplary damages not proven and refused.
1 Jul 2025

1. ) Nor Azira binti Salleh 2. ) Cik Rusli Bin Che Mood Ismail bin Jahya

Citation

TD-A53KJ-33-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TD-A53KJ-33-06/2023 (Mahkamah Sesyen)

On balance of probabilities defendant was negligent in entering the main road from the shoulder without ensuring it was safe despite signalling; claimant contributed 20% to the collision due to lack of licence, inappropriate speed and failure to brake. Liability apportioned 80% defendant / 20% plaintiff. Total judgment for plaintiffs RM407,671.00 (including general damages RM101,800.00 and specified special damages), pre-judgment interest at 2.5% p.a. on general and special damages from respective dates to judgment, post-judgment interest at 5% p.a. from judgment to settlement, and costs on t…
2 Jul 2023

1. ) MUHAMAD AZHARUL ASWAD BIN ABD RAZAK 2. ) ABD RAZAK BIN MOHD AMIN SULAIMAN BIN SAKEK

Citation

JA-12B-23-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-23-08/2021 (Mahkamah Tinggi)

The High Court upheld the Sessions Judge's factual findings on liability because the trial judge's credibility assessments were reasonable and supported by circumstantial evidence; however, on quantum the court reduced awards where they were unsupported by the medical evidence or exceeded recognized compendia and where overlapping awards occurred, and set aside an award for future loss of earnings for lack of proper evidential basis and failure to apply required tests for prospective loss.
11 Oct 2022

LOGESHVARAN A/L K MARUTHAN 1. ) AHMAD MAHZUZ BIN ROSLAN 2. ) KARTINA BINTI AHMAD

Citation

JA-A53KJ-249-05/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-249-05/2020 (Mahkamah Sesyen)

On the evidence and expert reports, the court awarded damages by reference to the Compendium ranges and credible medical evidence, accepted proven heads supported by receipts or reliable testimony, rejected or reduced heads lacking proof or overlapping with primary injury, and applied appropriate deductions and apportionment principles (liability recorded 50:50 previously; assessment here on 100% quantum then subject to apportionment order dated 11.10.2022).
25 Aug 2020

MOHD FARID BIN OTHMAN FADILAH BINTI ZAKARIA

Citation

WA-B53KJ-35-09/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B53KJ-35-09/2019 (Mahkamah Sesyen)

There was no independent eyewitness or scene evidence to prove defendant changed lanes into the plaintiff; vehicle damage and injury patterns were consistent with a side-swipe while both vehicles travelled same direction but did not establish sole fault by either party; investigating officer's finding is not conclusive. Accordingly, applying the principle that where fault cannot be allocated the court may apportion equally, liability is apportioned 50:50. Quantum awarded on assessed injuries and proven special items; certain future private treatment reduced to one-third as no justification fo…

Malaysia Case Law

XXXX 1. ) GURU BESAR SK SRI SELAMA 2. ) PEGAWAI PENDIDIKAN DAERAH LARUT, MATANG & SELAMA 3. ) Jabatan Pendidikan Negeri 4. ) KEMENTERIAN PENDIDIKAN MALAYSIA 5. ) Kerajaan Malaysia

1. ) Nor Azira binti Salleh 2. ) Cik Rusli Bin Che Mood Ismail bin Jahya

1. ) MUHAMAD AZHARUL ASWAD BIN ABD RAZAK 2. ) ABD RAZAK BIN MOHD AMIN SULAIMAN BIN SAKEK

LOGESHVARAN A/L K MARUTHAN 1. ) AHMAD MAHZUZ BIN ROSLAN 2. ) KARTINA BINTI AHMAD

MOHD FARID BIN OTHMAN FADILAH BINTI ZAKARIA