A.AIDIP BIN A.ZAIDI v 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL
Catchwords
Tort – Negligence – Road traffic accident – Damages – Appeal against quantum – Personal injuries – Fractured clavicle with severe complications – Multiple surgical interventions – Wound dehiscence – Permanent functional impairment – Scarring – Future medical expenses – Shoulder brace – Neuropathic pain medication – Contributory negligence – Whether awards manifestly excessive – Whether awards supported by medical evidence – Principles of appellate intervention – Comparable authorities – Compendium as guideline – Application of legal principles to assessment of general and special damages – Cross-appeal for enhancement of damages and additional claim for spinal injury – Burden of proving causation – Whether claim for spinal injury established on balance of probabilities – Appeal allowed in part, cross-appeal allowed in part. Courts – Appellate jurisdiction – High Court hearing appeal from Sessions Court – Scope of appellate interference with assessment of damages – When appellate court may interfere with trial judge’s award – Erroneous estimate of damages – Misapprehension of facts – Wrong principle of law – Role of Compendium of Awards for Personal Injuries – Guideline not statutory code – Consideration of inflation and economic changes – Observation of injured party in court as part of factual finding. Damages – General damages – Pain and suffering – Loss of amenities – Fractures – Malunion – Abrasions – Scars and disfigurement – Young claimant – Permanent disability – Special damages – Future medical expenses – Shoulder brace – Medication (Pregabalin) – Laser therapy and injections – Necessity and reasonableness of claim – Proof of actual need and usage – Speculative claims – Distinction between medical necessity and cosmetic enhancement – Double compensation – Contributory negligence – Apportionment of liability (90%/10%) – Recalculation of damages after appeal. Evidence – Medical evidence – Conflicting expert opinions – Orthopaedic surgeons – Plastic surgery expert – Hospital records – Most recent medical report – Weight of independent evidence – Causation – Spinal injury claim – Absence of contemporaneous evidence – MRI findings two years post-accident – Degenerative changes versus traumatic injury – Burden of proof – Balance of probabilities – Court’s preference for objective evidence over sympathy.
Practice Areas
Judges (1)
Case Significance
A.AIDIP BIN A.ZAIDI v 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL is a High Court (Mahkamah Tinggi) decision dated November 15, 2025 (citation: ta-12b-14-11-2024). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of A.AIDIP BIN A.ZAIDI v 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL?
A.AIDIP BIN A.ZAIDI v 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL is a High Court decision dated November 15, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.