CLEMENT A/L MARIADASS v 1. ) Kerajaan Malaysia 2. ) HOSPITAL TENGKU AMPUAN JEMAAH 3. ) DR. UMMI SAKINAH BINTI ABDUL KADIR
Catchwords
Civil appeal – quantum of damages Transportation expenses - while it is trite that special damages must be both specifically pleaded and strictly proven, transportation expenses warrant a distinct approach - it is an established cultural norm in Malaysia for family members to visit hospitalised relatives - it is unreasonable to expect grieving or distressed relatives to keep meticulous documentary proof of transport expenses incurred during such a critical and difficult period. Aggravated damages - reserved strictly for exceptional circumstances specifically where there is clear evidence of oppressive, high-handed or insulting conduct - an award for aggravated damages is contingent upon proof of mala fide or exceptional high-handedness by the defendant - in the absence of such malicious or oppressive intent, a claim for aggravated damages cannot be sustained.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-12b-25-12-2024)