JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] This appeal arises from a decision of the Learned Judicial Commissioner ['LJC'] of the Johor Bahru High Court in an appeal from a decision of the Sessions Court on the issue of quantum only in a running down action. Before us, the challenge to the decision of the LJC by the plaintiff/appellant centred around the order to set aside the award for the cost of bionic prosthesis made by the Learned Sessions Court Judge ['LSCJ'] and the purported entitlement of the plaintiff to punitive damages (exemplary and aggravated damages) which the LJC declined to award.

Brief Facts

[2] An accident had occurred on 17 November 2015 around 7.50pm between the 1st appellant's motorcycle and a car driven by the respondent. The 2nd appellant was riding pillion with the 1st appellant, and was also injured.

[3] As the result of the accident, the 1st appellant's right lower limb was amputated at the above knee level.

[4] Before the accident, the 1st appellant is working in Singapore as a Senior Operations Executive/Supervisor.

[5] He went back to work in Singapore after the accident in June 2016 ie, 4 months after the accident and was paid full salary. He tendered his resignation in September 2016.

[6] After hearing evidence led by parties, the learned Sessions Court Judge made her findings of fact that the Defendant was 100% liable for the accident.

[7] In terms of the quantum awarded, in particular, it was the finding of facts of the LSCJ that bionic prosthesis prescribed by the appellants' expert is more suitable for the 1st appellant and she awarded RM2 million for the said prosthesis.

[8] The LSCJ did not make any finding regarding the punitive damages (exemplary and aggravated damages) prayed by the appellants in relation to the conduct of the respondent in abandoning the appellants on the road.