Associate Dayang Fatimah Binti Hamzah Achieves Successful Appeal, Increasing Insurance Payout from RM627,820 to RM2,526,717

Bazul & Partners’ Dispute Resolution team successfully acted for an insurer in an appeal concerning the awarded sum in a personal injury claim, increasing the payout from RM627,820 to RM2,526,717.

The Plaintiff filed a personal injury claim after sustaining injuries in a road traffic accident (RTA). At the time of the incident, the Plaintiff was 57 years old and employed by Angkatan Tentera Malaysia (ATM) as a non-uniformed staff officer. The Defendant’s liability had been subrogated to its insurer.

At first instance, the Plaintiff was awarded RM627,820 in damages, which included compensation for loss of income arising from alleged shoulder and leg injuries said to have resulted in the loss of employment with the ATM.

Represented by Associate Dayang Fatimah Binti Hamzah, the Plaintiff appealed against the quantum of damages awarded.

On appeal, the Judge accepted the Plaintiff’s submissions that the Defendant had failed to adduce sufficient evidence to justify the lower payout. The Court found that the Defendant did not provide adequate proof or credible documentation to support the reduced assessment.

Accordingly, the appellate court increased the awarded sum from RM627,820 to RM2,526,717, marking a significant success for the Plaintiff and our Dispute Resolution team.

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