TAN KUAN SHE 1. ) CHONG KIAT MIAN …FIRST RESPONDENT 2. ) 1. TEO YEW CHAI …SECOND RESPONDENT 2. GOH YEOW CHER …THIRD RESPONDENT

TAN KUAN SHE 1. ) CHONG KIAT MIAN …FIRST RESPONDENT 2. ) 1. TEO YEW CHAI …SECOND RESPONDENT 2. GOH YEOW CHER …THIRD RESPONDENT

Appeal allowed in part on liability: appellate court reallocated responsibility to 70% to Appellant (Tan Kuan She), 20% to Plaintiff (Chong Kiat Mian) and 10% to Second Defendant (Teo Yew Chai) because the First Defendant admitted inattention and was issued a summons under Road Traffic Rules while the Plaintiff bore some contributory negligence for failing to explain inability to avoid the collision and lacking evidence that hazard lights were off; quantum awards of the Sessions Court were upheld because no substantive challenge was made and the awards were within established compendium and judicial standards for damages.

Citation
JA-12B-3-01/2018 (Mahkamah Tinggi)
Parties
Appellant / First Defendant: Tan Kuan She; First Respondent / Plaintiff: Chong Kiat Mian; Second Respondent / Second Defendant: Teo Yew Chai; Third Respondent / Third Defendant: Goh Yeow Cher
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 June 2019
Case Number
JA-12B-3-01/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury (road Traffic) / Appeal From Sessions Court Decision on Liability and Quantum (heard and Decided)
Outcome
Appeal allowed in part on liability and dismissed on quantum; no order as to costs
Legal Topics
Negligence, Apportionment of Liability, Quantum of Damages, Burden of Proof, Highway Code Admissibility
Source Language
Malay/English
Tort Road Traffic Law Civil Procedure Evidence Negligence Apportionment of Liability Quantum of Damages Burden of Proof +1 more

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Parties

Tan Kuan She

Appellant / First Defendant

Chong Kiat Mian

First Respondent / Plaintiff

Teo Yew Chai

Second Respondent / Second Defendant

Goh Yeow Cher

Third Respondent / Third Defendant

Procedural Posture

Civil Appeal Personal Injury (road Traffic) / Appeal From Sessions Court Decision on Liability and Quantum (heard and Decided)

Legal Issues

  1. 1 Whether the Sessions Court's apportionment of liability (90:10) was wrong and required interference
  2. 2 Whether the plaintiff bore any contributory negligence and to what extent
  3. 3 Whether to disturb the Sessions Court's awards for quantum of damages

Ratio Decidendi

Appeal allowed in part on liability: appellate court reallocated responsibility to 70% to Appellant (Tan Kuan She), 20% to Plaintiff (Chong Kiat Mian) and 10% to Second Defendant (Teo Yew Chai) because the First Defendant admitted inattention and was issued a summons under Road Traffic Rules while the Plaintiff bore some contributory negligence for failing to explain inability to avoid the collision and lacking evidence that hazard lights were off; quantum awards of the Sessions Court were upheld because no substantive challenge was made and the awards were within established compendium and judicial standards for damages.

Court Disposition

Appeal allowed in part on liability and dismissed on quantum; no order as to costs

Orders

  • Apportion liability as follows: 70% to Appellant (Tan Kuan She), 20% to Plaintiff (Chong Kiat Mian), 10% to Second Defendant (Teo Yew Chai)
  • Maintain the Sessions Court awards for quantum as originally assessed