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2022 MarsdenLR 292

HIGH COURT MALAYA PULAU PINANG
AZIZ ZAKARIA & ANOR – Appellant
Versus
RUSLI IJAM – Respondent


Petitioner Advocates:Azril Hisham Zainal Abidin,Diana ,Respondent Advocate: Nurul Najwa A Hamid

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] For ease of reference the parties will be referred to in this judgment as they were described in the court below.

[2] There were two appeals before this court. One concerned the issue of liability while the other was on the issue of quantum that arose out of a road accident. The learned Magistrate had apportioned liability and allowed RM17,000.00 as general damages and special damages which included a sum of RM43,200.00 as loss of earning capacity. On 3 February 2022, I had allowed the plaintiff's appeal against liability wherein the 1st defendant was found wholly liable for the accident and dismissed the defendants' appeal against quantum save for reversing of the interest given by the learned Magistrate for loss of earning capacity.

[3] This judgment contains the reasons for my decision in respect of the defendants' appeal against quantum awarded by the learned Magistrate.

[4] I had upheld the learned Magistrate's decision for granting the following awards:

(i) abrasion wound at the left wrist and hand - RM4,000.00

(ii) closed subluxation of proximal interphalangeal joint left index finger - RM 10,000.00

(iii) 1 cm healed scar over


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