14 Jul 2023
Mohd Azzeli Bin Hussin 1. ) TAN CHEE CHUAN FRUITS SUPPLY 2. ) Hiap Seng Heng Construction Sdn Bhd 3. ) Kumaresan A/l Mutoraman
- Citation
- WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)
The appeal is allowed because the prosthesis proposed by the defendants was not shown to be registered/approved under the Medical Device Act 2012 and therefore could not form the basis of an award; the plaintiff's proposed MDA‑registered prosthesis is appropriate; and no deduction for future contingencies should be made in assessing future prosthesis costs after the statutory amendments to the Civil Law Act. The High Court awarded RM 3,160,000 for prosthesis and dismissed the respondents' cross‑appeal seeking a one‑third deduction.