21 Dec 2020
1. Mohamed Razif bin Hashim 2. Prasarana Malaysia Berhad Muhammad Saiful Suffian bin Zulkafli
- Citation
- BA-12B-12-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-12-02/2020 (Mahkamah Tinggi)
The High Court held the Sessions Court's factual findings on liability were supported by evidence and not plainly wrong and thus upheld the 90% liability of the 1st Defendant (10% contributory negligence). On quantum the trial judge erred in awarding an excessive RM150,000 for loss of earning capacity and failed to discount the lifetime prosthesis projection. Applying relevant principles the court reduced loss of earning capacity to RM30,000 and held that the RM1,409,492 prosthesis projection should be discounted by 40% to RM845,695 to reflect contingencies, vicissitudes and accelerated recei…