JUDGMENT

Arziah Mohamed Apandi JC:

Introduction

[1] This is an appeal on quantum of the decision of the Sessions Court Judge ("SCJ") dated 9 May 2023 ("Appeal No 76"), where the SCJ allowed the Appellants' claim in parts against the Respondents by awarding:

(a) General damages of RM20,000.00;

(b) Special damages of RM2,291.00;

(c) Refund of alarplasty treatment costs of RM4,400.00;

(d) Interest at 5% per annum from the filing date until full settlement; and

(e) Costs of RM6,000.00.

[2] In Appeal No 76, the Appellants appealed on the non-award for punitive and exemplary damages. On the said decision of the SCJ, the Respondents appealed on liability ("Appeal No 77"), where I have made separate grounds of judgment on liability only.

[3] The Appellants claim for breach of contract and duty of care together with tort by deception by the Respondents. The Second Defendant in the Court below settled with the Appellants before the case was tried in full trial, resulting in the claim against the Second Defendant being withdrawn, but the Second Defendant did not testify.

[4] Having heard the appeal, on 21 May 2024, I dismiss Appeal No 76 by maintaining all awards given. Since the Appellants on 28 Au