JUDGMENT

Aliza Sulaiman J:

[1] In these Grounds of Judgment, the parties shall be referred to as they were in the court below.

[2] On 12 December 2022, the court of Appeal allowed the Plaintiff's appeal on liability and the case was remitted to the Sessions court for damages to be assessed ('CA Order').

[3] The hearing on assessment of damages at the Sessions court was held between 4 August 2023 and 3 November 2023. The learned Sessions court Judge ('SCJ') pronounced the judgment on 31 January 2024.

[4] This court then heard the following appeals together:

(a) the appeal by the Plaintiff in Appeal No WA-12BNCvC-26-02/2024 ('Appeal No 26') against the entire decision of the SCJ in:

(i) allowing the Plaintiff's claim for general damages in the sum of RM250,000.00 with interest at 5% per annum from the date of filing of the Writ of Summons until full settlement;

(ii) dismissing the Plaintiff's claim for special damages; and

(iii) ordering costs for the hearing of the assessment of damages in the sum of RM20,000.00 to be paid by the Defendant to the Plaintiff; and

(b) the appeal by the Defendant in Appeal No WA-12BNCvC- 32-02/2024 ('Appeal No 32') against part of the decision by the SCJ where th