Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Appeal standard

  • 24 Oct 2023

    YEO TECK HAO TAN KOK CHYE

    Citation
    JA-12B-60-09/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-12B-60-09/2022 (Mahkamah Tinggi)

    High Court allowed plaintiff's partial appeal and held HMS erred in limiting private hospital medical bills to one-third; full hospital bill RM41,090.70 awarded because hospital was nearest, injuries were severe and defendant did not challenge reasonableness. The court upheld HMS award of RM56,808.00 for pre-trial loss of earnings (multiplicand RM6,312; multiplier 9 months) and upheld global RM50,000.00 for loss of earning capacity while rejecting claim for loss of future earnings as speculative and not supported by real and assessable evidence. Defendant ordered to pay costs RM5,000 to plain…

  • 13 Sept 2023

    1. ) VIJEYKUMAR A/L SUBRAMANIAM 2. ) H & P FARM AGRICULTURE SDN BHD ELIZABETH A/P NAGAIAH

    Citation
    JA-12B-77-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-12B-77-10/2022 (Mahkamah Tinggi)

    The High Court affirmed the Session Court's award of loss of dependency at RM2,000 per month for 16 years (total RM383,000) because the trial judge made a supported factual finding that RM2,000 monthly dependency was reasonable; however the award of bereavement damages (RM10,000) was set aside because, applying the law in force at the time of the accident (pre-2019 wording of section 7(3A) and (3B) of Act 67 and the savings provision of Act A1591), bereavement damages were claimable by parents only where the deceased was a minor, which was not the case here.