Court slashes quantum for owners of house damaged by sewerage project
The High Court says the reduction of damages is in accordance with legal principles and not because the court prefers a lower figure.
The Kuantan High Court has decreased the damages awarded to homeowners whose property was damaged by a sewerage project. The two plaintiffs, Victor Augustus Inbaraj and Dorah Samuel, initially sought RM900,000 in compensation. However, the appellate court reduced the award to around RM360,000. The homeowners alleged the government and contractor Jalur Cahaya Sdn Bhd were negligent and liable for the damage caused by the sewerage work.
The lower court found both parties liable and ordered them to pay RM900,000 in damages. The appellate court disagreed with the way the trial judge combined four types of damages into a single sum. It awarded RM60,000 for general damages, RM20,000 for aggravated damages, RM250,000 for physical damages to the house, and RM30,446.45 for special damages.
The court maintained the finding of liability but held that the lower court's assessment of damages was incorrect.
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- Court slashes quantum for owners of house damaged by sewerage project freemalaysiatoday.com
