MUHAMMAD IRSYAD SYAMIL BIN ABDUL AZIZ v 1. ) AWANG NIZAM BIN JUSOH 2. ) ERDA MARIANI BINTI RUNI
8 cases cited
(0 SG, 8 foreign)
Catchwords
Tort – Damages – Quantum – Road traffic accident – Right below‑knee amputation – Appeal against Sessions Court award – Loss of prospect of marriage – Whether award available to male plaintiff – Loss of earning capacity – Whether real and substantial risk of future disadvantage – Cost of prosthesis – Bionic microprocessor prosthesis v mechanical prosthesis – Principle of restitutio in integrum – Whether socio‑economic background of plaintiff relevant – Appeal allowed in part. Damages – General damages – Loss of prospect of marriage – Plaintiff a young male amputee – Unchallenged evidence that marriage prospects reduced – No requirement to prove loss of sexual function or broken engagement – Award of RM15,000 justified. Damages – General damages – Loss of earning capacity – Young amputee registered as OKU – Both experts agreed plaintiff cannot return to pre‑accident employment – Real and substantial risk of future disadvantage in labour market – Minimum wage not a guarantee of employment – Award of RM50,000 appropriate. Damages – Special damages – Future surgery costs – Implant removal – Application of “one‑third rule” – Private hospital quotations – Government hospital alternative available at nominal cost – Plaintiff failed to prove legitimate reason for choosing private care – Appeal dismissed. Damages – Special damages – Loss of actual earnings – Plaintiff returned to work using hospital‑supplied prosthesis – Voluntary cessation after two days – Failure to mitigate – Appeal dismissed. Damages – Cost of prosthesis – Bionic microprocessor prosthesis (RM1,285,149.30) v mechanical prosthesis (RM468,000) – Principle of restitutio in integrum – Plaintiff entitled to best prosthesis to restore function, not merely the cheapest – Expert evidence established functional superiority of bionic prosthesis – Waterproof, ankle joint, breathable liner, terrain adaptation, reduced risk of osteoarthritis – Respondents’ expert conceded his product inferior – Reliance on plaintiff’s “village lifestyle” and former occupation as car washer to deny advanced technology amounted to socio‑economic discrimination – Article 8 of Federal Constitution – Award of RM1,285,149.30 substituted – Direct payment to supplier ordered to prevent misuse of funds. Practice and Procedure – Appeal – Quantum – Standard of appellate review – Appellate intervention only where trial judge acted on wrong principle of law, omitted relevant considerations, or made wholly erroneous estimate of damages – High Court intervened where Sessions Court Judge misdirected herself on law of loss of marriage prospects, loss of earning capacity, and cost of prosthesis. Constitutional Law – Equality before the law – Article 8 of Federal Constitution – Tort damages – Denial of bionic prosthesis based on plaintiff’s village lifestyle and former occupation as car washer – Held to be a form of socio‑economic discrimination – No place in law of tort.
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Federal Constitution
Art 8
Cases Cited (8)
UK (1)
[1977] 1 All ER 9
MY (7)
[1985] 1 MLJ 30 [1987] 2 MLJ 691 [1995] 2 CLJ 413 [1996] 3 CLJ 71 [2001] 1 CLJ 836 [2001] 2 CLJ 101 [2015] 4 CLJ 902
Judgment
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Read on eJudgmentSource: eJudgment (ta-12b-18-10-2025)