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.