1. ) SEMAN BIN PIN (MENDAKWA SEBAGAI BAPA / TANGGUNGAN YANG SAH KEPADA MUHAMMAD SAFWAN BIN SEMAN, SI MATI) 2. ) RAHMAN BINTI ISHAK (MENDAKWA SEBAGAI IBU / TANGGUNGAN YANG SAH KEPADA MUHAMMAD SAFWAN BIN SEMAN , SI MATI ) 1. ) SELVENDRAN A/L

1. ) SEMAN BIN PIN (MENDAKWA SEBAGAI BAPA / TANGGUNGAN YANG SAH KEPADA MUHAMMAD SAFWAN BIN SEMAN, SI MATI) 2. ) RAHMAN BINTI ISHAK (MENDAKWA SEBAGAI IBU / TANGGUNGAN YANG SAH KEPADA MUHAMMAD SAFWAN BIN SEMAN , SI MATI ) 1. ) SELVENDRAN A/L

On the balance of probabilities and relying primarily on the police investigator's sworn testimony and physical evidence at scene, the court found an initial collision in the emergency lane was not the principal cause of death; subsequent impacts involving the defendants caused the fatality. Defendants failed to rebut the inferences by not giving evidence. Accordingly the court held both parties contributorily negligent and apportioned liability: Defendant First 15%, Defendant Second and Third jointly 15%, Plaintiffs 70%. Damages were awarded accordingly (bereavement RM30,000; burial RM2,000; loss of dependency RM76,800) with costs and statutory interest as ordered.

Citation
KA-A73KJ-200-04/2022 (Mahkamah Majistret)
Parties
Plaintiff (father/guardian of Deceased): Seman bin Pin; Plaintiff (mother/guardian of Deceased): Rahmah binti Ishak; Defendant First: Selvendran a/l Ravi; Defendant Second: Syed Mohd Hidzir bin Syed Rodzi; Defendant Third: Umi Khalsom binti Mohd Adanal; Third Party First: Mohd Khairul Anuar bin Abdul Rahman; Third Party Second: Jainudah binti Raseh (aka Suzlinah Rasi)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 November 2023
Case Number
KA-A73KJ-200-04/2022 (Mahkamah Majistret)
Procedural Posture
Civil Motor Vehicle Negligence (magistrate Court) / Judgment (reasons for Judgment Dated 25 January 2024)
Outcome
Plaintiffs' claims allowed in part; liability apportioned with contributory negligence and damages awarded.
Legal Topics
Negligence, Contributory Negligence, Burden of Proof, Assessment of Damages, Apportionment of Liability
Source Language
Malay/English
Tort Motor Vehicle Accidents Civil Procedure Evidence Negligence Contributory Negligence Burden of Proof Assessment of Damages +1 more

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Parties

Seman bin Pin

Plaintiff (father/guardian of Deceased)

Rahmah binti Ishak

Plaintiff (mother/guardian of Deceased)

Selvendran a/l Ravi

Defendant First

Syed Mohd Hidzir bin Syed Rodzi

Defendant Second

Umi Khalsom binti Mohd Adanal

Defendant Third

Mohd Khairul Anuar bin Abdul Rahman

Third Party First

Jainudah binti Raseh (aka Suzlinah Rasi)

Third Party Second

Procedural Posture

Civil Motor Vehicle Negligence (magistrate Court) / Judgment (reasons for Judgment Dated 25 January 2024)

Legal Issues

  1. 1 Whether defendants were negligent causing the deceased's death
  2. 2 Apportionment of contributory negligence between parties
  3. 3 Whether plaintiffs discharged burden of proof on balance of probabilities

Ratio Decidendi

On the balance of probabilities and relying primarily on the police investigator's sworn testimony and physical evidence at scene, the court found an initial collision in the emergency lane was not the principal cause of death; subsequent impacts involving the defendants caused the fatality. Defendants failed to rebut the inferences by not giving evidence. Accordingly the court held both parties contributorily negligent and apportioned liability: Defendant First 15%, Defendant Second and Third jointly 15%, Plaintiffs 70%. Damages were awarded accordingly (bereavement RM30,000; burial RM2,000; loss of dependency RM76,800) with costs and statutory interest as ordered.

Court Disposition

Plaintiffs' claims allowed in part; liability apportioned with contributory negligence and damages awarded.

Orders

  • Liability apportioned: Defendant First 15%; Defendant Second and Defendant Third jointly 15%; Plaintiffs 70% contributory negligence.
  • Awarded damages: bereavement (RM 30,000.00), burial expenses (RM 2,000.00), loss of dependency RM 76,800.00.