SITI MERIAM BINTI REJAB [ MENUNTUT SEBAGAI IBU YANG SAH KEPADA SIMATI, MOHD YUSRI BIN IBRAHIM] 1. ANAS BIN AHMAD 2. NAZRI BIN AHMAD

SITI MERIAM BINTI REJAB [ MENUNTUT SEBAGAI IBU YANG SAH KEPADA SIMATI, MOHD YUSRI BIN IBRAHIM] 1. ANAS BIN AHMAD 2. NAZRI BIN AHMAD

On balance of probabilities the plaintiff's version was inherently more probable based on independent eyewitness testimony, police investigation diagrams and photographs and the pattern of vehicle damage; the defendant's versions were inconsistent. The defendant was 100% liable. Damages awarded: general damages RM78,000 (including bereavement RM30,000 and loss of dependency RM48,000) and special damages RM39,000 (funeral RM3,000; child care RM36,000), with specified rates of interest and costs as ordered.

Citation
KB-A53KJ-35-01/2020 (Mahkamah Sesyen)
Parties
Plaintiff (lawful Mother of Deceased): Siti Meriam binti Rejab; Defendant 1: Anas bin Ahmad; Defendant 2: Nazri bin Ahmad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 July 2021
Case Number
KB-A53KJ-35-01/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Tort Motor Vehicle Accident (death) / Judgment
Outcome
Claim allowed. Judgment for plaintiff against defendants; defendants held 100% liable.
Legal Topics
Liability, Quantum of Damages, Bereavement, Loss of Dependency, Special Damages, Interest and Costs
Source Language
Malay/English
Tort Motor Vehicle Law Damages Fatal Accident Compensation Liability Quantum of Damages Bereavement Loss of Dependency +2 more

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Parties

Siti Meriam binti Rejab

Plaintiff (lawful Mother of Deceased)

Anas bin Ahmad

Defendant 1

Nazri bin Ahmad

Defendant 2

Procedural Posture

Civil Tort Motor Vehicle Accident (death) / Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in causing the death of the motorcyclist
  2. 2 Apportionment of liability between parties
  3. 3 Quantum of general and special damages and entitlement to specific heads (bereavement, loss of dependency, funeral, child care)

Ratio Decidendi

On balance of probabilities the plaintiff's version was inherently more probable based on independent eyewitness testimony, police investigation diagrams and photographs and the pattern of vehicle damage; the defendant's versions were inconsistent. The defendant was 100% liable. Damages awarded: general damages RM78,000 (including bereavement RM30,000 and loss of dependency RM48,000) and special damages RM39,000 (funeral RM3,000; child care RM36,000), with specified rates of interest and costs as ordered.

Court Disposition

Claim allowed. Judgment for plaintiff against defendants; defendants held 100% liable.

Orders

  • Defendants to pay plaintiff general damages in the sum of RM78,000
  • Defendants to pay plaintiff special damages in the sum of RM39,000