HOO TIAN RONG KOIT KAI SIANG

HOO TIAN RONG KOIT KAI SIANG

Defendant failed to ensure the main lane was clear before turning in breach of Road Traffic Rules 1959 Rule 3(2); defendant's admitted lack of lookout and consistent statements established negligence; plaintiff did not prove contributory negligence. Accordingly plaintiff succeeds on liability and is entitled to damages as assessed by the court.

Citation
JA-A53KJ-421-06/2019 (Mahkamah Sesyen)
Parties
PLAINTIF: Hoo Tian Rong; DEFENDAN: Koit Kai Siang
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 April 2022
Case Number
JA-A53KJ-421-06/2019 (Mahkamah Sesyen)
Procedural Posture
Tort Motor Vehicle Personal Injury Claim / Judgment After Full Trial (22 April 2022); Defendant Has Appealed
Outcome
Judgment for plaintiff. Defendant held 100% liable for the collision. Plaintiff awarded general and special damages, interest as ordered and costs.
Legal Topics
Negligence, Contributory Negligence, Assessment of Damages, Quantum, Causation, Statutory Road Traffic Rules
Source Language
Malay/English
Tort Road Traffic Personal Injury Civil Procedure Negligence Contributory Negligence Assessment of Damages Quantum +2 more

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Parties

Hoo Tian Rong

PLAINTIF

Koit Kai Siang

DEFENDAN

Procedural Posture

Tort Motor Vehicle Personal Injury Claim / Judgment After Full Trial (22 April 2022); Defendant Has Appealed

Legal Issues

  1. 1 Whether defendant was negligent in turning across plaintiff's lane
  2. 2 Whether plaintiff contributed to the accident by speeding (contributory negligence)
  3. 3 Appropriate quantum for general and special damages including future loss of earnings and medical costs

Ratio Decidendi

Defendant failed to ensure the main lane was clear before turning in breach of Road Traffic Rules 1959 Rule 3(2); defendant's admitted lack of lookout and consistent statements established negligence; plaintiff did not prove contributory negligence. Accordingly plaintiff succeeds on liability and is entitled to damages as assessed by the court.

Court Disposition

Judgment for plaintiff. Defendant held 100% liable for the collision. Plaintiff awarded general and special damages, interest as ordered and costs.

Orders

  • Defendant to pay plaintiff general damages assessed at RM244,900.00 (after 10% overlap deduction on specified items).
  • Defendant to pay plaintiff special damages and expenses totalling RM69,898.30 (medical bills RM54,629.95; past loss RM8,218.35; care RM6,000.00; travel and incidentals RM1,050.00; clothing RM200.00).