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2016 MarsdenLR 320

HIGH COURT MALAYA GEORGETOWN
SEKARAN MUNIANDY & ANOR – Appellant
Versus
RAMAN VARATHAN – Respondent


Table of Content
1. introduction of appeal regarding damages. (Para 1 , 2 , 3 , 4)
2. discussion of damage breakdown as awarded. (Para 8 , 9 , 10)
3. law on appellate intervention principle. (Para 11 , 12)
4. court evaluation of evidence regarding injury sustained. (Para 13 , 14 , 15 , 16 , 17 , 18)
5. evaluation of award amounts by the court. (Para 20 , 21 , 22 , 23 , 24 , 25)
Lim Chong Fong JC:

Introduction

[1] This is an appeal brought by the Appellants/Defendants against the judgment of the Butterworth Sessions Court dated 1 October 2015 in respect of the award of general damages to the Respondent/Plaintiff pursuant to a road accident.

[2] The road accident involved the collision between the motorcycle bearing registration no PDA 1946 ridden by the Respondent and the motorcycle bearing registration no PJD 5303 ridden by the Second Appellant early in the morning of 26 August 2012 at about 6.15 am.

[3] In the sessions Court, the parties agreed that the Respondent and the Second Appellant were each equally negligent in having caused the accident. Consequently, the amount of damages compensable by the Appellants to the Respondent assessed on a 100% liability basis would be halved.

[4] Thereaf

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