1. ) Gnanasundri A/p Thangaraja (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati) 2. ) Ganggu Naidu A/l Pentiah (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati)

1. ) Gnanasundri A/p Thangaraja (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati) 2. ) Ganggu Naidu A/l Pentiah (Mendakwa Sebagai Ibu Yang Sah Dan Orang Tanggungan Logathiran A/l Ganggu Naidu, Simati)

On appeal the High Court found the Sessions Court had insufficiently considered the material effect of a stationary car obstructing both parties' manoeuvres and misallocated inferential burdens; accordingly liability was re-apportioned equally 50% deceased/50% driver, general damages for pain and suffering increased to RM150,000, loss of dependency awarded RM57,600 on oral evidence (RM300/month x 12 x 16), loss of earning capacity RM80,000 upheld, and the defendants' cross-appeal on locus was dismissed.

Citation
JA-12B-52-08/2022 (Mahkamah Tinggi)
Parties
Appellant (parent and Legal Representative of Deceased): Gnanasundri A/P Thangaraja; Appellant (parent and Dependent of Deceased): Ganggu Naidu A/L Pentiah; Respondent (driver): Ng Leung Hung; Respondent (vehicle Owner/employer): Longplas Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 November 2023
Case Number
JA-12B-52-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury / Wrongful Death) / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed in part; cross-appeal dismissed without order as to costs
Legal Topics
Contributory Negligence, Assessment of General and Special Damages, Locus Standi Under S.7 and S.8 Civil Law Act 1956, Admissibility of Oral Evidence for Loss of Dependency, Apellate Standard of Review (plainly Wrong Test)
Source Language
Malay/English
Negligence Damages Civil Procedure Succession and Locus to Sue Contributory Negligence Assessment of General and Special Damages Locus Standi Under S.7 and S.8 Civil Law Act 1956 Admissibility of Oral Evidence for Loss of Dependency +1 more

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Parties

Gnanasundri A/P Thangaraja

Appellant (parent and Legal Representative of Deceased)

Ganggu Naidu A/L Pentiah

Appellant (parent and Dependent of Deceased)

Ng Leung Hung

Respondent (driver)

Longplas Industries Sdn Bhd

Respondent (vehicle Owner/employer)

Procedural Posture

Civil Appeal (personal Injury / Wrongful Death) / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the trial court was plainly wrong to apportion liability 80% to the deceased and 20% to the driver
  2. 2 Appropriate quantum for pain and suffering given eight months conscious paralysed state
  3. 3 Whether plaintiffs had locus to sue under s.7 and s.8 Civil Law Act 1956 despite lack of documentary proof of employment

Ratio Decidendi

On appeal the High Court found the Sessions Court had insufficiently considered the material effect of a stationary car obstructing both parties' manoeuvres and misallocated inferential burdens; accordingly liability was re-apportioned equally 50% deceased/50% driver, general damages for pain and suffering increased to RM150,000, loss of dependency awarded RM57,600 on oral evidence (RM300/month x 12 x 16), loss of earning capacity RM80,000 upheld, and the defendants' cross-appeal on locus was dismissed.

Court Disposition

Appeal allowed in part; cross-appeal dismissed without order as to costs

Orders

  • Liability apportioned 50% to deceased and 50% to respondent driver
  • General damages for pain and suffering awarded RM150000