1. ) NURUL MUNIRAH BINTI ABDULLAH 2. ) MOHAMAD FAIZA BIN DAUD v SHAHBADRUL AZMI BIN ZULKEFLI

da-12b-39-12-2025 High Court (Mahkamah Tinggi) 19 May 2026 • DA-12B-39-12/2025 • 14 min read
4 cases cited (0 SG, 4 foreign)

Outcome

Accordingly, the appeal is allowed in part only upon the following terms: (1) The award for nursing care of RM136,800.00 is set aside; (2) The award for loss of earning capacity is reduced from RM200,000.00 to RM80,000.00; (3) All remaining awards made by the learned Sessions Court Judge are affirmed.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (da-12b-39-12-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

TORT — Negligence — Road accident — Quantum of damages — Severe traumatic brain injury — Skull fracture — Post-traumatic epilepsy — Whether awards excessive — Appellate interference with assessment of damages — Loss of earning capacity — Distinction between future earnings and earning capacity — Whether multiplicand-multiplier approach appropriate — Nursing care — Whether medical evidence established lifelong need for nursing assistance — Future pain and suffering for future surgery — Whether award justified.

Practice Areas

Tort Damages

Judges (1)

Shamsul Bahrin bin Abdul Manaf Delivered

Parties (3)

Mohamad Faiza bin Daud Appellant Nurul Munirah binti Abdullah Appellant Shahbadrul Azmi bin Zulkefli Respondent

Cases Cited (4)

MY (4)
[1983] 2 MLJ 324 [1987] 2 MLJ 201 [1999] MLJU 388 [2008] 1 MLJ 608

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (da-12b-39-12-2025)