8 Sept 2021
1) RAJA MOHD ZAINI BIN RAJA YUSOFF 2) RAJA MUHAMMAD FAIZ HAIQAL BIN RAJA MOHD ZAINI AMRAN BIN MOHD AMIN [seorang bapa dan waris kadim yang sah dan sebenar kepada Muhd Aqil Irsyad bin Amran (Si Mati)]
- Citation
- DA-12B-35-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-35-08/2019 (Mahkamah Tinggi)
There was insufficient credible evidence to determine the exact cause of the collision; accordingly liability was apportioned 50:50 between the parties. General damages for severe traumatic brain injury were assessed at RM200,000 but reduced by 40% for contributory factors (including failure to wear a helmet). The respondent's cross‑appeal for special damages for home care was allowed in part with an award of RM7,750 for proven care costs. Costs in the appeal are to be borne by the parties themselves and Sessions Court costs to follow apportioned liability.