SIOW CHEE YONG 1. ) MOHD NAZRI BIN HAMZAH 2. ) MOHD SYAFIQ BIN HASHIM 3. ) SINCERE FIVE TRADING SDN BHD 4. ) BALAJ A/L GUNALAN 5. ) CHENG YI ENTERPRISE SDN BHD

SIOW CHEE YONG 1. ) MOHD NAZRI BIN HAMZAH 2. ) MOHD SYAFIQ BIN HASHIM 3. ) SINCERE FIVE TRADING SDN BHD 4. ) BALAJ A/L GUNALAN 5. ) CHENG YI ENTERPRISE SDN BHD

On the balance of probabilities the court found Defendant 1 negligent for failing to slow on approach to the junction and striking the deceased who had entered the major road from a side junction; the deceased failed to stop at the junction and was contributorily negligent (60%); Defendants 2–5 were not liable because parking of the lorry and Hilux did not create the obstructive condition alleged and reasonable steps had been taken for a broken-down vehicle; damages were awarded for proven heads while certain claimed special damages and private insured sums were disallowed for lack of proof or recoverability evidence.

Citation
CB-A53KJ-308-12/2020 (Mahkamah Sesyen)
Parties
Plaintiff (administrator of Estate of Siow Kai Xin): Siow Chee Yong; Defendant 1 (driver and Registered Owner of Car NCS 4836): Mohd Nazri bin Hamzah; Defendant 2 (driver of Lorry CDJ 9123): Mohd Syafiq bin Hashim; Defendant 3 (registered Owner of Lorry CDJ 9123): Sincere Five Trading Sdn Bhd; Defendant 4 (driver of Hilux WA 9123 E): Balaj a/l Gunalan; Defendant 5 (registered Owner of Hilux WA 9123 E): Cheng Yi Enterprise Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 September 2023
Case Number
CB-A53KJ-308-12/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Tort Negligence (road Traffic Accident) / Judgment at Sessions Court; Notices of Appeal Filed by Plaintiff (quantum) and Defendant 1 (liability and Quantum)
Outcome
Judgment entered for Plaintiff in part against Defendant 1 with apportionment of liability: Defendant 1 40%; deceased 60% contributory negligence; no liability against Defendants 2 to 5; specified damages awarded and certain claims dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Quantum of Damages, Special Damages Recoverability, Admissibility of Contemporaneous Investigatory Evidence
Source Language
Malay/English
Tort Road Traffic Law Personal Injury Civil Procedure Insurance Law Negligence Contributory Negligence Apportionment of Liability +3 more

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Parties

Siow Chee Yong

Plaintiff (administrator of Estate of Siow Kai Xin)

Mohd Nazri bin Hamzah

Defendant 1 (driver and Registered Owner of Car NCS 4836)

Mohd Syafiq bin Hashim

Defendant 2 (driver of Lorry CDJ 9123)

Sincere Five Trading Sdn Bhd

Defendant 3 (registered Owner of Lorry CDJ 9123)

Balaj a/l Gunalan

Defendant 4 (driver of Hilux WA 9123 E)

Cheng Yi Enterprise Sdn Bhd

Defendant 5 (registered Owner of Hilux WA 9123 E)

Procedural Posture

Civil Tort Negligence (road Traffic Accident) / Judgment at Sessions Court; Notices of Appeal Filed by Plaintiff (quantum) and Defendant 1 (liability and Quantum)

Legal Issues

  1. 1 Whether Defendant 1 was negligent and caused the collision
  2. 2 Whether the deceased was contributorily negligent and by what percentage
  3. 3 Whether Defendants 2-5 (lorry and Hilux, drivers and owners) were negligent in parking and caused obstruction

Ratio Decidendi

On the balance of probabilities the court found Defendant 1 negligent for failing to slow on approach to the junction and striking the deceased who had entered the major road from a side junction; the deceased failed to stop at the junction and was contributorily negligent (60%); Defendants 2–5 were not liable because parking of the lorry and Hilux did not create the obstructive condition alleged and reasonable steps had been taken for a broken-down vehicle; damages were awarded for proven heads while certain claimed special damages and private insured sums were disallowed for lack of proof or recoverability evidence.

Court Disposition

Judgment entered for Plaintiff in part against Defendant 1 with apportionment of liability: Defendant 1 40%; deceased 60% contributory negligence; no liability against Defendants 2 to 5; specified damages awarded and certain claims dismissed.

Orders

  • Judgment against Defendant 1 for 40% of the total proven damages as assessed by the court; no liability entered against Defendants 2, 3, 4 and 5.
  • General damages awarded for head injury RM140000.00 (after 30% reduction), right leg injuries RM67500.00 (after 10% overlap deduction), scars RM15000.00, acute kidney injury RM8000.00, laparotomy RM6000.00, multiple lacerations RM5000.00; total to be apportioned.