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HIGH COURT MALAYA KUALA LUMPUR
CHAN YUNG SHENG – Appellant
Versus
ZAKARIA AWANG – Respondent
| Table of Content |
|---|
| 1. appeal on damages awarded for prosthesis. (Para 1 , 2 , 3) |
| 2. expert evidence on prosthesis need. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court’s preference for one expert's testimony. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. respect for trial judge’s findings. (Para 15 , 16 , 17 , 18 , 19) |
| 5. adjustment of damages due to contingencies. (Para 30) |
[1] This was an appeal against the quantum of damages awarded by the Sessions Court against the Appellant in a judgment handed down on the 27th of March 2017. The appeal was confined to the award of the sum of RM1,369,883.60 by the learned Sessions Court Judge in respect of a prosthesis for the Respondent. The other sums awarded as damages were not challenged.
Background
[2] In the afternoon of the 31st of May 2017, while riding on his motorcycle, the Respondent, who was in his mid-fifties, met an accident with a motorcar driven by the Appellant. As a consequence of the accident, the Respondent suffered severe injuries resulting in his left leg being amputated above the knee.
[3] Having found liability on the part of the Appellant, the Sessions Court then addressed the issue of damages. Germane to the appeal at
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