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HIGH COURT SABAH & SARAWAK KUCHING
JENNIFA GAWAI & ORS – Appellant
Versus
CHAI YU HIUN – Respondent
| Table of Content |
|---|
| 1. background facts establish the context of the accident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the concession of liability were presented. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's observations validated the claimant's position. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. normalized compensation approach for damages was taken. (Para 27) |
| 5. evidentiary standards for proving claims of injury and associated damages. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 6. establishing standards for awarding costs and interest. (Para 62 , 64 , 66) |
| 7. final verdict statement confirms liability and awards. (Para 69) |
[1] This is the appeal by the 1st, 2nd and 3rd Appellants [hereinafter "1st, 2nd and 3rd Plaintiffs"] against the decision of the learned Sessions Court Judge, given on 8th December 2017, after a full trial, as follows [as per the Notice Of Appeal, (AFTER TRIAL) p 53 Record of Appeal ("RA") [Enclosure 2]:-
(1) Against part of the said decision in respect of liability as decides that the 1st, 2nd and 3rd Plaintiffs' claim are dismissed with costs;
(2) Against part of the said decision in respect of the 1st Plaintiff's Quantum of General D
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