Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Strict proof of special damages

Legal area

Court

12 Nov 2025

1. ) MOORTHY A/L MUNIANDY 2. ) PRAVIN RAO A/L MOORTHY NITHYANANTAN A/L YASUDABER

Citation

BA-12B-12-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-12-02/2025 (Mahkamah Tinggi)

Two heads of general damages were modestly enhanced because the Sessions Court's awards were below comparable authorities relied upon by the appellant; special damages adhere to strict proof so physiotherapy is limited to receipted RM1,600 and the speculative Arcoxia claim of RM111,600 is dismissed; overall award increased from RM272,600 to RM284,600 reflecting limited appellate interference.
17 Jul 2020

WONG BOON AIK 1. ) 1. YAP SENG HIN 2. ) 2. S SOON YEEN HARDWARE & TRADING

Citation

BI-A53KJ-184-05/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A53KJ-184-05/2019 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the plaintiff's and investigating officer's account that the lorry struck the plaintiff from behind; the defendants failed to adduce live witness testimony to contradict the account; contributory negligence by the plaintiff was minor (10%) and therefore liability was apportioned 90% to the defendants and 10% to the plaintiff; the plaintiff was entitled to recover full proven medical expenses even though insurer paid most of them; quantum of general damages was fixed at RM140,000.00 using comparable authorities and the Compendium, and special…