Malaysia Case Law: Decisions & Judgments

Topic

Overlapping injuries

Legal area

Court

4 Sept 2025

1. ) LIM JUN WU 2. ) YEOH HOCK KOON 1. ) TINAH BINTI OSMAN 2. ) NORFAIZAH BINTI KARIM

Citation

JA-12B-10-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-10-04/2024 (Mahkamah Tinggi)

The High Court held the Session Court Judge did not act on wrong principles nor misapprehend facts and therefore the quantum awards were not manifestly excessive; awards for osteoarthritis, multiple pelvic fractures and right acetabulum, cost of care (RM537,913.90) and future medical expenses were reasonable and supported by expert evidence and legal authorities; appeal dismissed and costs awarded to respondents.
21 Jan 2024

CHONG JIA MING 1. ) ABDUL KHALIK BIN YUSOF 2. ) KHIM HUO CONSTRUCTION MATERIALS SDN BHD

Citation

JA-12B-33-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-33-07/2022 (Mahkamah Tinggi)

Appeal dismissed because Sessions Court did not commit any legal error: (1) ligament injuries involved the same anatomical site so a consolidated global award of RM30,000 was appropriate and within compendium ranges; (2) RM50,000 awarded for surgery (one-third principle applied to private hospital cost range RM50,000–RM100,000) was reasonable absent proof public hospital surgery was unavailable; (3) knee brace claim rejected as unnecessary and unsupported by use or medical necessity evidence; (4) loss of earning capacity claim dismissed as speculative since plaintiff remained employed at same…
20 Jan 2023

NOR SALSABILA BINTI MOHD ZAKI S. JEGARAJASINGAM A/L K. SUBRAMANIAM PIHAK KETIGA XXXX

Citation

WA-A73KJ-217-02/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-217-02/2022 (Mahkamah Majistret)

Court found the plaintiff's listed injuries all related to a single anatomical injury (open distal right femur fracture) and therefore must be assessed as one lump sum to avoid overlapping; awarded general damages RM40,000.00. Most special damages claims were rejected for lack of pleading or proof except hospital bills RM10.00, specialist medical report RM950.00 and treatment/medical bills RM846.40. Claims for future surgery and physiotherapy were rejected as not pleaded. Interest ordered: 5% p.a. on general damages from date of writ to judgment; 2.5% p.a. on special damages from date of acci…
23 Sept 2020

1. SOO HON CHIEW 2. LIM KOK YAH 1. TAN CHUN HAN 2. ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)

Citation

JA-12B-63-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-63-12/2019 (Mahkamah Tinggi)

The High Court refused to disturb the Sessions Court's quantum except where the Plaintiffs demonstrated under the applicable legal tests that the award was plainly erroneous; the Compendium is a persuasive guide; evidence supported the Sessions Court on NSAIDs and actual loss; loss of earning capacity award was reasonable under the applicable principles and Sivakumar is only a guideline; cross‑appeal on osteoarthritis succeeded and award increased in accordance with authorities.

Malaysia Case Law

1. ) LIM JUN WU 2. ) YEOH HOCK KOON 1. ) TINAH BINTI OSMAN 2. ) NORFAIZAH BINTI KARIM

CHONG JIA MING 1. ) ABDUL KHALIK BIN YUSOF 2. ) KHIM HUO CONSTRUCTION MATERIALS SDN BHD

NOR SALSABILA BINTI MOHD ZAKI S. JEGARAJASINGAM A/L K. SUBRAMANIAM PIHAK KETIGA XXXX

1. SOO HON CHIEW 2. LIM KOK YAH 1. TAN CHUN HAN 2. ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)