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 was allowed because the court found the defendants' proposed prosthesis was not shown to be registered/approved under the Medical Device Act 2012 and therefore could not be relied upon; plaintiff's proposed MDA‑registered prosthesis was appropriate and the award for prosthesis and maintenance was increased to RM3,160,000. The cross‑appeal for a one‑third deduction for future contingencies was dismissed because, in light of amendments to ss.7(3) and 28A Civil Law Act, deductions for contingencies, vicissitudes and accelerated payment are not to be applied.