Choong Yeow Choy JC:

JUDGMENT Introduction

[1]This appeal arises from a running down action that has left both parties dissatisfied with the outcome at the Sessions Court. The Appellants/Defendants challenge the decision of the learned Sessions Court Judge, who found the First Appellant/Defendant 100% liable and awarded RM507,984.00 to the Respondent/Plaintiff for loss of future earnings. Meanwhile, the Respondent/Plaintiff has filed a cross-appeal, disputing the award of RM40,000.00 in general damages for severe traumatic brain injury, arguing that it fails to reflect the gravity of the injury sustained. This appeal, therefore, revolves around contested findings of liability and the adequacy of damages awarded.

The Overarching Issues

[2]The first issue for this Court’s consideration is whether the learned Sessions Court Judge erred in law or fact in finding the First Appellant 100% liable for the accident.

[3]The second issue is whether the Sessions Court correctly awarded RM507,984.00 to the Respondent/Plaintiff for loss of future earnings.

[4]The third and final issue concerns the quantum of damages awarded for the injury suffered by the Respondent/Plaintiff.

The Parties’ Respective Co