LEE CHEE KUAN 1. YOGESWARAN A/L SINNAIAH 2. SINNAIAH A/L SUBBIAH

LEE CHEE KUAN 1. YOGESWARAN A/L SINNAIAH 2. SINNAIAH A/L SUBBIAH

A rider who rides without a valid licence and without insurance is acting unlawfully and, as a matter of public policy and equity, is precluded from claiming against another road user; the rider (Respondent 1) is 100% liable for the collision. A pillion passenger who knowingly rides with an unlicensed rider bears liability in respect of that rider (and cannot claim against the third-party appellant); exceptions exist only for recognized emergencies. Payment of a traffic summons constitutes an admission that prevents subsequent prosecution for the same offence (double jeopardy protection).

Citation
JA-12B-117-12/2018 (Mahkamah Tinggi)
Parties
Perayu/defendan: Lee Chee Kuan; Responden/plaintif: Yogeswaran a/l Sinniah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 November 2019
Case Number
JA-12B-117-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal at High Court (johor Bahru)
Outcome
Appeal allowed. Sessions Court judgment set aside. Appellant (driver) absolved of liability. Respondent/Plaintiff 1 (rider) held 100% liable. Respondent/Plaintiff 2 (pillion) must pursue remedy against rider, not against appellant.
Legal Topics
Driving Without Licence, Liability and Damages, Contributory/secondary Liability of Pillion Passenger, Effect of Paying Traffic Summons as Admission/double Jeopardy, Public Policy and Exclusion From Remedies
Source Language
Malay/English
Road Transport/traffic Law Tort (negligence) Criminal Procedure Constitutional Law Equity Driving Without Licence Liability and Damages Contributory/secondary Liability of Pillion Passenger +2 more

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Parties

Lee Chee Kuan

Perayu/defendan

Yogeswaran a/l Sinniah

Responden/plaintif

Procedural Posture

Civil Appeal / Judgment on Appeal at High Court (johor Bahru)

Legal Issues

  1. 1 Whether a person without a valid motorcycle licence and without insurance is entitled to ride on the road
  2. 2 Whether a person without a licence can claim damages against a driver who had a valid licence
  3. 3 Whether a pillion passenger who knows the rider has no valid licence is vicariously or otherwise liable when injured

Ratio Decidendi

A rider who rides without a valid licence and without insurance is acting unlawfully and, as a matter of public policy and equity, is precluded from claiming against another road user; the rider (Respondent 1) is 100% liable for the collision. A pillion passenger who knowingly rides with an unlicensed rider bears liability in respect of that rider (and cannot claim against the third-party appellant); exceptions exist only for recognized emergencies. Payment of a traffic summons constitutes an admission that prevents subsequent prosecution for the same offence (double jeopardy protection).

Court Disposition

Appeal allowed. Sessions Court judgment set aside. Appellant (driver) absolved of liability. Respondent/Plaintiff 1 (rider) held 100% liable. Respondent/Plaintiff 2 (pillion) must pursue remedy against rider, not against appellant.

Orders

  • Appeal allowed with costs to Perayu/Defendan (appellant).
  • Decision of Sessions Court dated 13/12/2018 set aside.