1. ) HAZELIN NOR BINTI ZAINAL ABIDIN ( Menuntut sebagai Isteri dan Anak-Anak Yang Sah serta Orang Tanggungan Simati, MUHAMAD HAZRI BIN ASLIYAS ) 2. ) XXXX 1. ) HASANUDDIN BIN RENTA 2. ) E BROTHERS TRADING SDN BHD

1. ) HAZELIN NOR BINTI ZAINAL ABIDIN ( Menuntut sebagai Isteri dan Anak-Anak Yang Sah serta Orang Tanggungan Simati, MUHAMAD HAZRI BIN ASLIYAS ) 2. ) XXXX 1. ) HASANUDDIN BIN RENTA 2. ) E BROTHERS TRADING SDN BHD

On the balance of probabilities the First Defendant's guilty plea and attendant evidence established negligence by the Defendants; the deceased also contributed to the accident by riding in the fast lane and having alcohol in his blood, warranting apportionment of liability at 20% to the Plaintiffs and 80% to the Defendants; quantum calculated from admitted USIM salary (RM2,525.30) plus allowed part‑time workshop income (RM1,500), less one‑third for living expenses, multiplied per Civil Law Act formula produced loss of support RM418,631.20, plus bereavement RM30,000, funeral RM3,000 and documentation RM148, with interest and costs as ordered.

Citation
NA-A53KJ-300-09/2022 (Mahkamah Sesyen)
Parties
First Plaintiff (widow): Hazelin Nor binti Zainal Abidin; Plaintiff (dependent): Dannis Al 'Hafiz; Plaintiff (dependent): Shazryn Danisha binti Muhamad Hazri; First Defendant: Hasanuddin bin Renta; Second Defendant (corporate Employer): Ebrothers Trading Sdn. Bhd.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 September 2023
Case Number
NA-A53KJ-300-09/2022 (Mahkamah Sesyen)
Procedural Posture
Fatal Motor Accident Claim (wrongful Death Tort) / Appeal (grounds of Judgment)
Outcome
Plaintiffs' claim allowed in part; liability apportioned 20% to Plaintiffs and 80% to Defendants; damages and ancillary relief awarded to Plaintiffs.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Quantum of Damages, Loss of Dependency, Bereavement, Interest and Costs, Admissibility of Guilty Plea, Illegality (ex Turpi Causa)
Source Language
Malay/English
Tort Motor Vehicle Law Civil Procedure Evidence Law Employment/benefits Law Negligence Contributory Negligence Apportionment of Liability +6 more

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Parties

Hazelin Nor binti Zainal Abidin

First Plaintiff (widow)

Dannis Al 'Hafiz

Plaintiff (dependent)

Shazryn Danisha binti Muhamad Hazri

Plaintiff (dependent)

Hasanuddin bin Renta

First Defendant

Ebrothers Trading Sdn. Bhd.

Second Defendant (corporate Employer)

Procedural Posture

Fatal Motor Accident Claim (wrongful Death Tort) / Appeal (grounds of Judgment)

Legal Issues

  1. 1 Whether the Defendants were negligent and liable for the death
  2. 2 Whether the deceased contributed to the accident (contributory negligence) and proper apportionment of liability
  3. 3 Whether part‑time/workshop income of the deceased was admissible and claimable (illegality issue)

Ratio Decidendi

On the balance of probabilities the First Defendant's guilty plea and attendant evidence established negligence by the Defendants; the deceased also contributed to the accident by riding in the fast lane and having alcohol in his blood, warranting apportionment of liability at 20% to the Plaintiffs and 80% to the Defendants; quantum calculated from admitted USIM salary (RM2,525.30) plus allowed part‑time workshop income (RM1,500), less one‑third for living expenses, multiplied per Civil Law Act formula produced loss of support RM418,631.20, plus bereavement RM30,000, funeral RM3,000 and documentation RM148, with interest and costs as ordered.

Court Disposition

Plaintiffs' claim allowed in part; liability apportioned 20% to Plaintiffs and 80% to Defendants; damages and ancillary relief awarded to Plaintiffs.

Orders

  • Liability apportioned 20% to the Plaintiffs and 80% to the Defendants.
  • Loss of support assessed at RM418,631.20 (calculated from RM2,525.30 salary + RM1,500 part‑time, multiplier per Civil Law Act, less one‑third deduction).