Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 28a civil law act entitlement
  • 5 Oct 2023

    SARAVANAN A/L GOPAL RAMESH A/L RAMAJA YAM

    Citation
    JA-12B-53-09/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-12B-53-09/2022 (Mahkamah Tinggi)

    High Court allowed the appeal in part: reduced defendant's liability from 80% to 50% because plaintiff's inconsistent and weakened oral evidence undermined the lower court's basis for assigning only 20% contributory negligence; upheld awards for loss during seven-month sick leave (RM40,885.88) and for income shortfall while employed at Transit Link (RM106,414.08) but set aside the award for loss of employment (RM111,339.32) because plaintiff failed to show continued incapacity, had ceased attending work voluntarily and did not satisfy s.28A burden for future earnings entitlement.