SITI AJAR MAT ZAIN v CINDY TEOH

SITI AJAR MAT ZAIN v CINDY TEOH

The Court held that multiplicand equals the amount the deceased actually contributed to the parent (not the deceased's last drawn income), allowed deduction of RM135 monthly instalment for the deceased's motorcycle from the adjusted contributory amount, and affirmed that the statutory 16-year multiplier for persons under 30 is not mandatory in parental loss of support claims — the multiplier may be reduced on facts (here ten years used and accepted).

Citation
SITI AJAR MAT ZAIN v CINDY TEOH
Parties
Appellant / Plaintiff (mother): Siti Ajar Mat Zain; Respondent (1st): Cindy Teoh; Respondent (2nd): Second Respondent
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Appeal / Appeal From Sessions Court (judgment on Appeal)
Outcome
Appeal dismissed; each party to bear own costs.
Legal Topics
Loss of Support, Multiplicand, Multiplier, Statutory Interpretation of Civil Law Act S.7
Source Language
en
Damages Tort Civil Procedure Loss of Support Multiplicand Multiplier Statutory Interpretation of Civil Law Act S.7

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Siti Ajar Mat Zain

Appellant / Plaintiff (mother)

Cindy Teoh

Respondent (1st)

Second Respondent

Respondent (2nd)

Procedural Posture

Civil Appeal / Appeal From Sessions Court (judgment on Appeal)

Legal Issues

  1. 1 Whether multiplicand is deceased's last drawn income or the amount actually given for parent's personal support
  2. 2 Whether sums paid by parent for deceased's expenses (motorcycle instalment) should be deducted from multiplicand
  3. 3 Whether statutory multiplier of 16 years for persons aged 30 or below under s.7(3)(iv)(d) is mandatory in parents' loss of support claims and whether it may be reduced taking into account possibility of deceased's future marriage

Ratio Decidendi

The Court held that multiplicand equals the amount the deceased actually contributed to the parent (not the deceased's last drawn income), allowed deduction of RM135 monthly instalment for the deceased's motorcycle from the adjusted contributory amount, and affirmed that the statutory 16-year multiplier for persons under 30 is not mandatory in parental loss of support claims — the multiplier may be reduced on facts (here ten years used and accepted).

Court Disposition

Appeal dismissed; each party to bear own costs.

Orders

  • Appeal dismissed
  • Each party to bear own costs