1. ) WAN YUNUS BIN WAN ABDUL RAHIM 2. ) Habsah Bin Mat Nayan 1. ) Nikkinesh Devian A/l Surendharan Kumar 2. ) NAWA TRADING 3. ) JABATAN KERJA RAYA JAJAHAN NEGERI KELANTAN 4. ) Kerajaan Negeri Kelantan

1. ) WAN YUNUS BIN WAN ABDUL RAHIM 2. ) Habsah Bin Mat Nayan 1. ) Nikkinesh Devian A/l Surendharan Kumar 2. ) NAWA TRADING 3. ) JABATAN KERJA RAYA JAJAHAN NEGERI KELANTAN 4. ) Kerajaan Negeri Kelantan

On the balance of probabilities the court found that the unmarked, inadequately constructed and uncontrolled road hump was the primary cause of the fatal collision; the contractor and road authorities failed in statutory and common law duties and are liable for 80% of responsibility, and the driver (Defendant 1) bears 20% contributory liability; plaintiffs are therefore entitled to damages for bereavement, funeral and loss of dependency as pleaded.

Citation
DA-A53KJ-124-02/2021 (Mahkamah Sesyen)
Parties
Appellant / Defendant 1: Nikkinesh Devian a/l Surendharan Kumar; Appellant / Defendant 2: Surendharan Kumar a/l Madhavan; Respondent / Plaintiff: Wan Yunus bin Wan Abdul Rahim; Respondent / Plaintiff: Habsah binti Mat Nayan; Respondent / Defendant 3: Nawa Trading; Respondent / Defendant 4: Jabatan Kerja Raya Jajahan Kota Bharu; Respondent / Defendant 5: Kerajaan Kelantan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 November 2025
Case Number
DA-A53KJ-124-02/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Appeal Arising From Fatal Road Traffic Negligence / Tort Claim / Judgment on Liability and Partial Quantum (appeal From Session Court; Findings on Apportionment and Damages Issues)
Outcome
Plaintiffs succeeded on liability: Defendant 1 apportioned 20% contributory negligence; Defendants 3, 4 and 5 liable for 80% of tortious liability; plaintiffs entitled to damages claims subject to assessment
Legal Topics
Negligence, Vicarious Liability, Duty to Maintain Roads, Contributory Negligence, Quantum of Damages, Pleadings and Scope of Issues
Source Language
Malay/English
Torts Road Traffic Law Statutory Duty Civil Procedure Negligence Vicarious Liability Duty to Maintain Roads Contributory Negligence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Nikkinesh Devian a/l Surendharan Kumar

Appellant / Defendant 1

Surendharan Kumar a/l Madhavan

Appellant / Defendant 2

Wan Yunus bin Wan Abdul Rahim

Respondent / Plaintiff

Habsah binti Mat Nayan

Respondent / Plaintiff

Nawa Trading

Respondent / Defendant 3

Jabatan Kerja Raya Jajahan Kota Bharu

Respondent / Defendant 4

Kerajaan Kelantan

Respondent / Defendant 5

Procedural Posture

Civil Appeal Arising From Fatal Road Traffic Negligence / Tort Claim / Judgment on Liability and Partial Quantum (appeal From Session Court; Findings on Apportionment and Damages Issues)

Legal Issues

  1. 1 Whether plaintiffs proved negligence against the driver (Defendant 1) on the balance of probabilities
  2. 2 Whether defendants (contractor and government road authorities) breached statutory and common law duties in constructing and warning of the road hump
  3. 3 Whether contributory negligence applies and apportionment of liability

Ratio Decidendi

On the balance of probabilities the court found that the unmarked, inadequately constructed and uncontrolled road hump was the primary cause of the fatal collision; the contractor and road authorities failed in statutory and common law duties and are liable for 80% of responsibility, and the driver (Defendant 1) bears 20% contributory liability; plaintiffs are therefore entitled to damages for bereavement, funeral and loss of dependency as pleaded.

Court Disposition

Plaintiffs succeeded on liability: Defendant 1 apportioned 20% contributory negligence; Defendants 3, 4 and 5 liable for 80% of tortious liability; plaintiffs entitled to damages claims subject to assessment

Orders

  • Liability apportioned: Defendant 1 — 20%; Defendants 3, 4 and 5 — 80%
  • Plaintiffs entitled to recover damages for bereavement, funeral and loss of dependency as pleaded; quantum to reflect pleaded figures recorded in judgment