15 Mar 2023
Thirukumaran a/l Shanmugham Nyana Prakash
- Citation
- BA-12B-49-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-49-07/2022 (Mahkamah Tinggi)
On the balance of probabilities the trial judge was entitled to find the above-knee amputation causally connected to injuries sustained in the 14.8.2014 road accident; the thin skull rule applies to hold the defendant liable for exacerbated consequences due to pre-existing conditions, and the High Court will not disturb the trial court's factual findings because they are not plainly wrong; accordingly both appeal and cross-appeal are dismissed and damages awarded below are upheld.