14 Apr 2025
DHARMALINGAM A/L SANGAMANY 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE INSURANS (MALAYSIA) BERHAD
- Citation
- BA-12B-43-04/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-43-04/2024 (Mahkamah Tinggi)
On independent re-hearing the High Court affirmed the Sessions Court: the appellant failed to prove the amputations and other contested injuries were caused by the accident; contemporaneous medical and police evidence and witness credibility did not support the appellant’s account; claims for loss of consciousness, scarring and soft tissue injuries were disallowed for lack of medical basis; the prosthetic award was assessed in line with SD1/SD2 recommendations; loss of earnings was assessed at RM800 per month under s.28A Civil Law Act 1956; the appellant’s appeals on liability and the counter…