JUDGMENT

May the prompt disposal of their appeal, and the timely release of these grounds of judgment serve as a solatium to the plaintiffs for their protracted journey over 23 years for justice over the death of their much longed-for baby boy

Su Tiang Joo J:

Introduction

[1] Upon an appeal to the Judge in Chambers against the assessment of damages made by the learned Deputy Registrar ("DR") on 7 October 2024, I had varied the learned DR's judgment by allowing a few heads of claim resulting in an increase in the amount of damages payable. Pre-judgment interest on the damages payable was also allowed together with an award of costs of RM85,000.00 to be paid by the defendants to the plaintiffs. Dissatisfied, the defendants appealed against the whole of my decision delivered on 7 October 2024, and these are the grounds of my judgment.

Background Facts

[2] After naving two daughters, the first and second plaintiffs who are wife and husband, and Hindus, were thrilled when the first plaintiff was expecting their third child, a boy. Their happiness turned tragic when the son they were expecting died in the course of being delivered under the supervision of the first defendant on 12 May 1999.

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