1. ) NORLIYANA BINTI IBRAHIM 2. ) XXXX 1. ) NOR MAZLAN BIN HASSAN 2. ) FONG YI INDUSTRIES SDN BHD

1. ) NORLIYANA BINTI IBRAHIM 2. ) XXXX 1. ) NOR MAZLAN BIN HASSAN 2. ) FONG YI INDUSTRIES SDN BHD

On the balance of probabilities the defendant was 100% liable because CCTV/dashcam and investigator evidence demonstrated the defendant fell asleep and lost control; the deceased did not obstruct traffic and therefore bore no contributory negligence, making defendant the sole cause of the fatal collision.

Citation
BA-A53KJ-354-09/2024 (Mahkamah Sesyen)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 April 2026
Case Number
BA-A53KJ-354-09/2024 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident Fatality / Wrongful Death Claim / Decision at End of Trial
Outcome
Judgment for the Plaintiffs; Defendant jointly and severally liable to Plaintiffs for 100% of damages assessed.
Legal Topics
Liability, Quantum of Damages, Apportionment, Interest on Judgment, Evidence (cctv/dashcam)
Source Language
Malay/English
Motor Accident Personal Injury Wrongful Death Civil Damages Liability Quantum of Damages Apportionment Interest on Judgment +1 more

Case Brief

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Procedural Posture

Motor Vehicle Accident Fatality / Wrongful Death Claim / Decision at End of Trial

Legal Issues

  1. 1 Whether defendant was negligent and liable for the fatal collision
  2. 2 Whether deceased contributed to the cause of the collision
  3. 3 Proper assessment and components of damages (loss of earnings, funeral, bereavement)

Ratio Decidendi

On the balance of probabilities the defendant was 100% liable because CCTV/dashcam and investigator evidence demonstrated the defendant fell asleep and lost control; the deceased did not obstruct traffic and therefore bore no contributory negligence, making defendant the sole cause of the fatal collision.

Court Disposition

Judgment for the Plaintiffs; Defendant jointly and severally liable to Plaintiffs for 100% of damages assessed.

Orders

  • Defendant liable 100% for the fatal collision.
  • Loss of future earnings awarded: RM 174035.94.