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HIGH COURT MALAYA SHAH ALAM
IMAM NAWAWI SUKADI – Appellant
Versus
LIM CHEE KONG – Respondent
| Table of Content |
|---|
| 1. introduction to case and basic facts. (Para 1 , 2 , 3) |
| 2. detailed account of injuries and initial compensation awarded. (Para 4 , 5) |
| 3. plaintiff's arguments supporting the award. (Para 6 , 7 , 8 , 9) |
| 4. defendant's rebuttal and counterarguments. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. court's findings and legal principles applied to the case. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
Introduction
[1] This is an appeal by the Appellant (the Defendant) against the decision of the learned Magistrate of Bandar Baru Bangi involving a road accident which allowed for the Respondent's (Plaintiff) claim for general damages. The appeal herein is on quantum.
[2] On liability, the parties have agreed to record that the Appellant is 70% liable to have caused the accident and the Respondent, at 10%.
[3] I allow the appeal heard on 12 September 2017 and my full grounds now follow. In this judgment, the parties will be known as they were in the Magistrates Court.
Background Facts
[4] On 6 July 2009, a road accident occurred at the junction of Jalan 1/2 Bandar Teknologi Kajang at about 6:45pm involving a motorcycle ridden by the Plaintiff bearing registration
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