CHONG SUI TAI 1. ) LEE CHOI KUEN 2. ) YUE WAI YAN

CHONG SUI TAI 1. ) LEE CHOI KUEN 2. ) YUE WAI YAN

On the balance of probabilities the first defendant was 100% negligent for failing to control the vehicle while turning and colliding with the deceased who was stationary at a red light; plaintiff proven to have suffered conscious pain and suffering therefore full awards were justified; general damages of RM92,000 and special damages of RM22,173.59 are awarded with stated interest and costs.

Citation
BC-A53KJ-27-04/2023 (Mahkamah Sesyen)
Parties
Plaintiff (administrator of the Estate of Lee Kum Choong): Chong Su Tai; Deceased (represented): Lee Kum Choong; Defendant 1 (driver): Lee Choi Kuen; Defendant 2 (owner): Yue Wai Yan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 August 2025
Case Number
BC-A53KJ-27-04/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Tort Motor Vehicle Accident Causing Personal Injury and Death / Judgment (trial Decision)
Outcome
Plaintiff's claim allowed; Defendant 1 held 100% liable for the negligence causing the deceased's injuries and death; awards and interest granted as set out below.
Legal Topics
Negligence, Quantum of Damages, Special Damages, Pain and Suffering, Apportionment of Liability, Interest and Costs
Source Language
Malay/English
Tort Motor Vehicle Law Damages Personal Injury Succession/administration Negligence Quantum of Damages Special Damages +3 more

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Parties

Chong Su Tai

Plaintiff (administrator of the Estate of Lee Kum Choong)

Lee Kum Choong

Deceased (represented)

Lee Choi Kuen

Defendant 1 (driver)

Yue Wai Yan

Defendant 2 (owner)

Procedural Posture

Civil Tort Motor Vehicle Accident Causing Personal Injury and Death / Judgment (trial Decision)

Legal Issues

  1. 1 Whether defendant 1 was negligent and liable for the collision
  2. 2 Whether defendants should be jointly or severally liable and apportionment of liability
  3. 3 Proper quantum for general and special damages for injuries and post-accident suffering

Ratio Decidendi

On the balance of probabilities the first defendant was 100% negligent for failing to control the vehicle while turning and colliding with the deceased who was stationary at a red light; plaintiff proven to have suffered conscious pain and suffering therefore full awards were justified; general damages of RM92,000 and special damages of RM22,173.59 are awarded with stated interest and costs.

Court Disposition

Plaintiff's claim allowed; Defendant 1 held 100% liable for the negligence causing the deceased's injuries and death; awards and interest granted as set out below.

Orders

  • Judgment for General Damages RM92,000.00
  • Judgment for Special Damages RM22,173.59 (breakdown recorded in court file)