KASTOORI A/P ALAGAPPAN v 1. ) Azmi Bin Abdullah 2. ) TRANSTAR EXPRESS SDN BHD 3. ) Kalidass A/l Sivasubramaniam 4. ) SURIAN TRANSPORT & TRANSPORT (M) SDN BHD

ma-12b-5-08-2024 High Court (Mahkamah Tinggi) 3 May 2026 • MA-12B-5-08/2024

Catchwords

Road traffic accident — Passenger claim — Liability not in dispute — Appeal limited to quantum and costs — Scope of appellate review Quantum of damages — Appellate interference — Inordinately low award — Comparable awards — Functional impairment — Muscle wasting and reduced muscle power — Reassessment of damages Special damages — Strict proof — Loss of earnings — Failure to adduce cogent documentary evidence — Absence of material witness — Adverse inference under s.114(g) Evidence Act 1950 — Claim not established Loss of earning capacity — Distinction from loss of future earnings — Real diminution of earning ability — Sedentary employment limitation — Broad-brush assessment — Lump sum award Medical expenses — Paid via insurance — Collateral benefit principle — Recoverability from tortfeasor — Unchallenged evidence — Effect of failure to cross-examine Future medical expenses — Private hospital treatment — One-third rule — Availability of public healthcare — Reasonableness — Distinction between past and future expenses Evidence — Unchallenged testimony — Whether deemed admitted — Weight of documentary evidence — Identification documents vs admitted exhibits Costs — Sanderson order — Multiple defendants — Genuine forensic uncertainty — Reasonableness at commencement — Passenger without knowledge of accident dynamics Costs — Departure from general rule — Successful defendant’s costs — Whether to be borne by co-defendant — Discretion of court Appellate intervention — Misdirection — Failure to consider material evidence — When justified Interest — General damages — Special damages — Pre-judgment and post-judgment interest — Applicable rates

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (5)

SURIAN TRANSPORT & TRANSPORT Sdn Bhd Respondent TRANSTAR EXPRESS Sdn Bhd Respondent Azmi bin Abdullah Respondent Kalidass a/l Sivasubramaniam Respondent Kastoori a/p Alagappan Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ma-12b-5-08-2024)