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HIGH COURT KUALA LUMPUR
ABDUL WAFFIY WAHUBBI & ANOR – Appellant
Versus
AK NAZARUDDIN AHMAD – Respondent
| Table of Content |
|---|
| 1. assessment of the appeal according to established damages. (Para 1 , 2 , 5) |
| 2. the importance of accurate medical assessments in damages. (Para 3 , 4 , 10) |
| 3. arguments regarding the quantum of damages and necessity for future surgery. (Para 6 , 20 , 21 , 25) |
| 4. ratio decidendi focused on misapprehension of injury severity. (Para 7 , 11 , 22 , 49) |
| 5. disputes on the appropriateness of the damages award. (Para 8 , 9 , 12) |
| 6. arguments regarding actual and future earning capacities. (Para 14 , 15 , 16) |
| 7. the burden of proof regarding quantum of damages. (Para 18 , 19) |
| 8. evaluating the correct principles of damage award related to personal injuries. (Para 30 , 31 , 40) |
| 9. court's reasoning on the application of guidelines for damages. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 41 , 42) |
| 10. final verdict and order of the court. (Para 52) |
[1] This appeal arises out of a running down action. I shall refer to the parties by their original titles, that is, as "plaintiff" and "defendants". The appeal record shall be referred to as "AR".
[2] These are my grounds in respect of an appeal by the defendants against the decision of the learned Sessions Court judge ("SCJ") dated Novem
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