23 Sept 2025
1. ) Bukit Tinggi Hospital Sdn Bhd 2. ) Dr Prashanth Nambiar a/l Padmanabhan 1. ) Navin Sharma a/l Karam Chand 2. ) Saroop Rampal a/p Hardyal Rampal
- Citation
- B-02(NCvC)(W)-1482-09/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-1482-09/2023 (Mahkamah Rayuan)
Aggravated damages must be expressly pleaded, particularised and proved; an estate may only recover aggravated damages for aggravating conduct that occurred while the deceased was alive and sentient and perceived such conduct; post‑death conduct and litigation strategy cannot form the basis for aggravated damages and should be addressed by costs or procedural sanctions; loss of dependency must be supported by cogent evidence of actual contribution, and where such evidence is absent the dependency award must be set aside. Applying these principles the Court adjusted several quantum items and s…