SANGAMANAI A/P MACHAP NG SIEW YEN mendakwa sebagai ibu menurut hukum dan orang tanggungan kepada, KOGILA RAJ A/P RAJA, Simati

SANGAMANAI A/P MACHAP NG SIEW YEN mendakwa sebagai ibu menurut hukum dan orang tanggungan kepada, KOGILA RAJ A/P RAJA, Simati

The appellate court refused to disturb the Sessions Court's 100% liability finding and the damages awarded because the trial judge's factual findings were supported by credible physical and investigative evidence and were not plainly wrong or based on a wrong principle; the Plaintiff's cross-appeal was dismissed as procedurally improper for raising items not awarded and should have been a separate appeal.

Citation
JB-12BNCvC-20-08/2025 (Mahkamah Tinggi)
Parties
Appellant (defendant Below): Sangamanai A/P Machap; Respondent (plaintiff Below): Ng Siew Yen; Deceased (subject of Claim): Kogila Raj A/P Raja
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 April 2026
Case Number
JB-12BNCvC-20-08/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (motor Accident/tort) / Appellate Judgment Delivered
Outcome
Appeal dismissed; Cross-appeal dismissed; No order as to costs.
Legal Topics
Negligence, Damages, Appeal on Quantum, Appellate Review of Findings of Fact, Procedure for Cross Appeal
Source Language
Malay/English
Tort Motor Vehicle Accident Civil Procedure Negligence Damages Appeal on Quantum Appellate Review of Findings of Fact Procedure for Cross Appeal

Case Brief

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Parties

Sangamanai A/P Machap

Appellant (defendant Below)

Ng Siew Yen

Respondent (plaintiff Below)

Kogila Raj A/P Raja

Deceased (subject of Claim)

Procedural Posture

Civil Appeal From Sessions Court (motor Accident/tort) / Appellate Judgment Delivered

Legal Issues

  1. 1 Whether the Defendant was 100% liable for the accident
  2. 2 Whether the quantum of damages awarded was excessive or based on wrong principle
  3. 3 Whether appellate court should interfere with trial judge's findings of fact and assessment of damages

Ratio Decidendi

The appellate court refused to disturb the Sessions Court's 100% liability finding and the damages awarded because the trial judge's factual findings were supported by credible physical and investigative evidence and were not plainly wrong or based on a wrong principle; the Plaintiff's cross-appeal was dismissed as procedurally improper for raising items not awarded and should have been a separate appeal.

Court Disposition

Appeal dismissed; Cross-appeal dismissed; No order as to costs.

Orders

  • Appeal by the Defendant dismissed.
  • Cross-appeal by the Plaintiff dismissed.