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Checking relevance for T. J. Parameshwarappa @ Parameshwarappa @ J. T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa VS Branch Manager, New India Assurance Co. Ltd. ...
Checking relevance for K. SURESH VS NEW INDIA ASSURANCE CO. LTD. ...
Checking relevance for Ramachandrappa VS Manager, Royal Sundaram Alliance Insurance Company Limited...
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Checking relevance for Mohd. Sabeer @ Shabir Hussain VS Regional Manager, U. P. State Road Transport Corporation...
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Checking relevance for NOR AZIZAH MISKAN vs NOOR FADHILAH NISMAN & ANOR...
NOR AZIZAH MISKAN vs NOOR FADHILAH NISMAN & ANOR - 2021 MarsdenLR 3492
: In Malaysia, a claimant may seek compensation for either loss of future earnings or loss of earning capacity, or both, in personal injury cases. This is evidenced by the court''''s consideration of competing arguments from both parties regarding the plaintiff''''s entitlement to loss of future earnings or, in the alternative, loss of earning capacity, indicating that both heads of claim are recognized and can be pursued in the same case.Checking relevance for SIMON RAJ THEVADAS ANBALAGAN vs HAIKAL AKMAL SALIHIN & ANOR...SIMON RAJ THEVADAS ANBALAGAN vs HAIKAL AKMAL SALIHIN & ANOR - 2022 MarsdenLR 1298
: In Malaysia, a plaintiff in a personal injury case may claim for both loss of future earnings and loss of earning capacity. This is evidenced by the court''''s consideration of both claims in the judgment, where it explicitly addresses the plaintiff''''s entitlement to ''''loss of future earnings, or in the alternative, loss of earning capacity''''—indicating that these are distinct but potentially claimable heads of damage under the law. The court''''s discussion of both concepts in the same context confirms that they are recognized as separate and potentially cumulative claims in Malaysian personal injury law.Checking relevance for MOHD NIZAM ABDUL TALIB LWN. LIM CHIN ZHEN & SATU LAGI...MOHD NIZAM ABDUL TALIB LWN. LIM CHIN ZHEN & SATU LAGI - 2024 MarsdenLR 3103
: In Malaysia, a claimant in a personal injury case can be awarded damages for both loss of future earnings and loss of earning capacity. The court recognized that the plaintiff had demonstrated a loss of earning capacity due to injuries sustained in the accident, which led to the award of damages. Specifically, the court awarded RM135,368.06 for future loss of earnings, indicating that both concepts are recognized and compensable under Malaysian personal injury law, provided the loss of earning capacity is supported by evidence and not speculative.Checking relevance for Ahrar Alam @ Ehrar Ansari VS Kishore Kumar Mantri...Checking relevance for Bheemarao @ Bheemappa, S/o Sharanappa @ Shankar Shinde vs Mallikarjun Kadapatti, S/o Somashekhar...
Checking relevance for Abhilash S/o. Vinukumar vs MACA No. 526 Of 2020...
Checking relevance for KESAVAN KOPALA KRISHNAN vs SARASWATHY KANDASAMY & ANOR...
KESAVAN KOPALA KRISHNAN vs SARASWATHY KANDASAMY & ANOR - 2025 MarsdenLR 554
: In Malaysia, a claimant can be awarded damages for loss of earning capacity even if they cannot prove future earnings, as demonstrated in the case of Ahmad Zulfendi Anuar v. Mohd Shahril Abdul Rahman; [2022] 4 MLJ 892; [2022] 9 CLJ 307, where the Court of Appeal awarded compensation for loss of earning capacity despite the appellant not being able to establish gainful employment at the time of the accident. The court distinguished between ''''loss of future earnings'''' (which requires proof of actual employment or income) and ''''loss of earning capacity'''' (which focuses on the plaintiff''''s ability to work in the future). The judgment confirms that while loss of future earnings requires strict proof of employment and income, loss of earning capacity may be awarded based on evidence of diminished ability to earn, even without formal employment. Thus, both claims can be pursued, but the legal basis and evidential requirements differ.Checking relevance for Raj Kumar VS Ajay Kumar...Checking relevance for Mohan Soni VS Ram Avtar Tomar...
Checking relevance for United India Insurance Company Ltd. VS Veluchamy...
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Checking relevance for Donat Louis Machado VS L. Ravindra...
Checking relevance for TRIBHOVANDAS KISHIBHAI PATEL VS IVEN DAULAL RAUBENS...
Checking relevance for KESAVAN KOPALA KRISHNAN vs SARASWATHY KANDASAMY & ANOR...
KESAVAN KOPALA KRISHNAN vs SARASWATHY KANDASAMY & ANOR - 2025 MarsdenLR 3541
: In Malaysia, a claimant can be awarded compensation for loss of earning capacity even if they are not able to prove loss of future earnings. The Court of Appeal in Ahmad Zulfendi Anuar v. Mohd Shahril Abdul Rahman [2022] 6 MLRA 30; [2022] 4 MLJ 892; [2022] 9 CLJ 307 distinguished between future loss of earnings and loss of earning capacity, holding that the latter may be awarded even where the claimant failed to establish employment at the time of the accident. The court emphasized that loss of earning capacity is a separate head of damages from loss of future earnings, and that evidence of the former may be considered even if not specifically pleaded, provided it is supported by evidence and not objected to. Therefore, both claims are not mutually exclusive, but the law allows for compensation based on loss of earning capacity even in the absence of proof of actual employment or earnings.
