H'NG SHEAU HUI AMANAHRAYA BERHAD (Sebagai Pentadbir Harta Pusaka Ong Lee Hoon)

H'NG SHEAU HUI AMANAHRAYA BERHAD (Sebagai Pentadbir Harta Pusaka Ong Lee Hoon)

Appellate court allowed the appeal in part and reallocated liability to 90% against the Defendant and 10% against the Plaintiff because credible eyewitness and investigative evidence established that the deceased motorcyclist was speeding and failed to take precautions, while the plaintiff was contributorily negligent for not using a nearby pedestrian crossing; the Sessions Court's quantum findings and dismissal of loss of earnings were upheld.

Citation
PA-12B-1-02/2021 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: H'NG SHEAU HUI; Defendant/respondent: AMANAH RAYA BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 September 2025
Case Number
PA-12B-1-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury, Motor Accident) / High Court Appeal Decision on Liability and Quantum (judgment)
Outcome
Appeal allowed in part; liability apportioned 90% to Defendant Amanah Raya Berhad and 10% to Plaintiff H'ng Sheau Hui; Sessions Court awards on quantum and special damages affirmed; claims for physiotherapy and loss of earnings dismissed.
Legal Topics
Apportionment of Liability, Contributory Negligence, Assessment of General and Special Damages, Burden of Proof, Admissibility and Weight of Eyewitness Evidence, Loss of Earnings Claim
Source Language
Malay/English
Tort Personal Injury Negligence Motor Vehicle Accidents Civil Procedure (appeal) Apportionment of Liability Contributory Negligence Assessment of General and Special Damages +3 more

Case Brief

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Parties

H'NG SHEAU HUI

Plaintiff/appellant

AMANAH RAYA BERHAD

Defendant/respondent

Procedural Posture

Civil Appeal (personal Injury, Motor Accident) / High Court Appeal Decision on Liability and Quantum (judgment)

Legal Issues

  1. 1 Whether the Sessions Court erred in apportioning liability 50:50 and whether liability should be reassessed
  2. 2 Whether plaintiff's failure to use nearby pedestrian crossing amounted to contributory negligence and the appropriate percentage apportionment
  3. 3 Whether global assessment of damages was appropriate and whether overlapping injuries required deduction

Ratio Decidendi

Appellate court allowed the appeal in part and reallocated liability to 90% against the Defendant and 10% against the Plaintiff because credible eyewitness and investigative evidence established that the deceased motorcyclist was speeding and failed to take precautions, while the plaintiff was contributorily negligent for not using a nearby pedestrian crossing; the Sessions Court's quantum findings and dismissal of loss of earnings were upheld.

Court Disposition

Appeal allowed in part; liability apportioned 90% to Defendant Amanah Raya Berhad and 10% to Plaintiff H'ng Sheau Hui; Sessions Court awards on quantum and special damages affirmed; claims for physiotherapy and loss of earnings dismissed.

Orders

  • Liability apportioned 90% to Respondent Amanah Raya Berhad and 10% to Appellant H'ng Sheau Hui.
  • General damages as assessed by Sessions Court affirmed (total RM142,000.00 at 100%).