Malaysia Case Law: Decisions & Judgments

Topic

Quantum of general damages

Legal area

Court

22 Jan 2024

KAMALRUDIN BIN SANI HAZMAN BIN MOHAMED HALID

Citation

JA-12B-53-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-53-07/2023 (Mahkamah Tinggi)

Appeal allowed in part: High Court found appellant's Facebook post did not refer to or defame the respondent (appellant's post made to trace a scammer using a screenshot he reasonably believed was the scammer) and set aside the Sessions Court judgment; High Court found respondent's own publications were defamatory of the appellant and awarded RM25,000 in general damages to the appellant, ordered an apology and injunctions, and awarded costs of RM20,000 to the appellant (subject to taxation).
11 Dec 2023

MOHD NAIM BIN ABDULLAH 1. ) MUHAMMAD ZULKIFLEE BIN ANWAR 2. ) ROSMANIDAR BINTI RUSLI

Citation

C-04(W)-592-12/2022 (Mahkamah Rayuan)
Court

W
Case number

C-04(W)-592-12/2022 (Mahkamah Rayuan)

The Court of Appeal upheld the findings of the trial and high courts that liability for the collision is apportioned 50:50 between the rider and the motorcar driver based on the totality of witness evidence and exhibits; the awards for general damages (RM861,000.00) and special damages including future institutional nursing care (RM2,766,791.25) were lawfully and reasonably assessed and are affirmed; the specified nursing care sum is to be paid into Amanah Raya Berhad and the plaintiff is to be placed in Columbia Hospital within three months, with each party to bear their own costs.
29 Aug 2022

SATHISKUMAR A/L PUNUSAMY AHMAD NAIMULLAH BIN ROZILAT

Citation

JA-A53KJ-657-10/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-657-10/2021 (Mahkamah Sesyen)

On the balance of probabilities the collision occurred at the mouth of the Petronas entrance when the defendant's car was three quarters into the junction; defendant was 20% negligent for entering unsafely despite signalling and plaintiff was 80% contributorily negligent for failing to avoid the collision. Damages were awarded based on medical reports, Compendium 2018 and relevant authorities, with one-third of private hospital bills allowed where justification for private treatment was not established.
11 May 2022

Wan Kam Sang Sebagai Wakil Diri Dan Atau Pentadbir Kepada Harta Pusaka Wan Mee Fong, Simati LIM CHIA WEE

Citation

JA-12B-97-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-97-12/2020 (Mahkamah Tinggi)

The Sessions Judge did not misapply legal principles: deductions for overlapping injuries are permissible and the 10% overlap and subsequent 30% reduction for death after the accident were within principles supported by authority; future surgical costs were properly disallowed because intervening death rendered such surgeries unnecessary and statutory exclusions apply; therefore the appellant's challenge to quantum fails and the appeal is dismissed.
8 Sept 2021

1. ) RAJA MOHD ZANI BIN RAJA YUSOFF 2. ) RAJA MUHAMMAD FAIZ HAIQAL BIN RAJA MOHD ZAIN Amran Bin Mohd Amin (Seorang Bapa Dan Waris Kadim Yang Sah Dan Sebenar Kepada Muhammad Aqil Irsyad Bin Amran - Simati)

Citation

DA-12B-35-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-35-08/2019 (Mahkamah Tinggi)

Insufficient credible evidence to determine precise manner of the collision led the court to apportion liability equally between the parties (50% each). The court reduced the general damages for severe traumatic brain injury to RM200,000 (subject to a 40% reduction noted by the court) based on compendium guidance and case law. The respondent's claim for home caregiver costs was allowed in part (RM7,750) despite lack of receipts, on the basis of expert reports and judicial notice of the claimant's bedridden condition and family circumstances. Costs of this appeal were ordered to be borne by th…
8 Sept 2021

1) RAJA MOHD ZAINI BIN RAJA YUSOFF 2) RAJA MUHAMMAD FAIZ HAIQAL BIN RAJA MOHD ZAINI AMRAN BIN MOHD AMIN [seorang bapa dan waris kadim yang sah dan sebenar kepada Muhd Aqil Irsyad bin Amran (Si Mati)]

Citation

DA-12B-35-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-35-08/2019 (Mahkamah Tinggi)

There was insufficient credible evidence to determine the exact cause of the collision; accordingly liability was apportioned 50:50 between the parties. General damages for severe traumatic brain injury were assessed at RM200,000 but reduced by 40% for contributory factors (including failure to wear a helmet). The respondent's cross‑appeal for special damages for home care was allowed in part with an award of RM7,750 for proven care costs. Costs in the appeal are to be borne by the parties themselves and Sessions Court costs to follow apportioned liability.
14 Jan 2020

MUHAMMAD SAIFUL SUFFIAN BIN ZULKAFLI 1. ) MOHAMED RAZIF BIN HASHIM 2. ) PRASARANA MALAYSIA BERHAD

Citation

BI-A53KJ-87-03/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A53KJ-87-03/2019 (Mahkamah Sesyen)

On the balance of probabilities the 1st defendant was negligent by using the far-left lane to perform an illegal U-turn and stopping, obstructing the plaintiff who had the right of way; plaintiff contributorily negligent (10%) for following closely/possible high speed; defendants held 90% liable; on 100% liability general damages RM111,000 and special damages RM1,569,248 awarded; interest and costs to follow.
2 Nov 2018

ALWEE ALYWIN BIN AZLIM (NRIC No.: 901002-08-6281) MUHAMMAD SHAHID BIN MOHD. TOHA (NRIC No.: 901020-10-5423)

Citation

BA-12B-203-12/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-203-12/2017 (Mahkamah Tinggi)

The High Court found the Sessions Court committed a plain factual error and legal errors (failure to draw adverse inference under s114(g) EA and failure to address ss101/102 EA burdens), held the plaintiff 100% negligent based on admissions and evidence, set aside the Sessions Court decision, reduced specified heads of general damages (head injury to RM25,000; C1-C2 subluxation to RM15,000; facial fractures to RM10,000), ordered a 10% deduction for overlapping awards, and awarded costs to the defendant.
1 Jan 1900

1. ABA MUTIARA ENTERPRISE 2. ABDUL MU'IZZ BIN JAMIL THAVAMANY A/P KATHARAYAN (Mendakwa sebagai wakil litigasi dalam harta pesaka KATHARAYAN A/L VYETHILINGAN, simati)

Citation

PA-12B-13-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-13-02/2018 (Mahkamah Tinggi)

The Sessions Court misdirected itself by failing to consider the deceased's prolonged vegetative state, survival period and age in assessing general damages; the High Court applied the approach in Moo Ah Kow to determine a modal award for the head and facial injuries (RM300,000 and RM70,000 respectively), then reduced that total (RM370,000) to 30% due to lack of consciousness and other factors, awarding RM111,000 as general damages; special damages were undisturbed and lower court costs must be recalculated to reflect the varied award.