MST Bashirun Begum 1. ) One TP Engineering Sdn. Bhd. 2. ) FPM Sdn. Bhd.

MST Bashirun Begum 1. ) One TP Engineering Sdn. Bhd. 2. ) FPM Sdn. Bhd.

Plaintiff failed to discharge the legal burden of proving defendants' negligence and connection to the deceased; evidence showed deceased was employed by another subcontractor, pleadings did not support an invitee/unusual danger case, the 2nd defendant's criminal guilty plea under OSHA did not establish civil liability by itself, and res ipsa loquitur did not apply; appeal dismissed on liability and quantum.

Citation
JA-12BC-4-11/2018 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff (wife and Legal Beneficiary of Md Akkas Ali, Deceased): MST Bashirun Begum; 1st Respondent / 1st Defendant: One TP Engineering Sdn Bhd; 2nd Respondent / 2nd Defendant: FPM Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 September 2020
Case Number
JA-12BC-4-11/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury/negligence) / High Court Appeal From Sessions Court Judgment (final Judgment)
Outcome
Plaintiff's appeal dismissed; High Court judgment affirmed and Sessions Court finding on quantum upheld
Legal Topics
Negligence, Duty of Care, Res Ipsa Loquitur, Pleadings, Admissibility of Criminal Conviction in Civil Proceedings, Quantum of Damages
Source Language
Malay/English
Tort Occupational Safety and Health Law Civil Procedure Employment Law Negligence Duty of Care Res Ipsa Loquitur Pleadings +2 more

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Parties

MST Bashirun Begum

Appellant / Plaintiff (wife and Legal Beneficiary of Md Akkas Ali, Deceased)

One TP Engineering Sdn Bhd

1st Respondent / 1st Defendant

FPM Sdn Bhd

2nd Respondent / 2nd Defendant

Procedural Posture

Civil Appeal (personal Injury/negligence) / High Court Appeal From Sessions Court Judgment (final Judgment)

Legal Issues

  1. 1 Whether the defendants were liable in negligence for the death of the deceased
  2. 2 Whether the deceased was a worker of the defendants or of an independent subcontractor
  3. 3 Whether the deceased was an invitee and whether unusual danger was pleaded

Ratio Decidendi

Plaintiff failed to discharge the legal burden of proving defendants' negligence and connection to the deceased; evidence showed deceased was employed by another subcontractor, pleadings did not support an invitee/unusual danger case, the 2nd defendant's criminal guilty plea under OSHA did not establish civil liability by itself, and res ipsa loquitur did not apply; appeal dismissed on liability and quantum.

Court Disposition

Plaintiff's appeal dismissed; High Court judgment affirmed and Sessions Court finding on quantum upheld

Orders

  • Plaintiff's appeal dismissed on liability and quantum