1. ) XXXX 2. ) SHAMIRRA HAZLINDA BINTI MOHD RUSLI 1. ) MUHAMMAD ALIEF AMIRUL BIN ALIAS 2. ) ROZITA BINTI MUSA PIHAK KETIGA Shamirra Hazlinda Binti Mohd Rusli

1. ) XXXX 2. ) SHAMIRRA HAZLINDA BINTI MOHD RUSLI 1. ) MUHAMMAD ALIEF AMIRUL BIN ALIAS 2. ) ROZITA BINTI MUSA PIHAK KETIGA Shamirra Hazlinda Binti Mohd Rusli

On the balance of probabilities the first defendant breached his duty of care by failing to keep a proper lookout and driving at an unreasonable speed for the conditions, evidenced by no braking marks and severe impact; the second defendant, as registered owner, is vicariously liable; the plaintiff (age 4) and his mother are not contributorily negligent; accordingly defendants are 100% liable and plaintiff is entitled to awarded general and special damages as quantified by the court.

Citation
DA-A53KJ-325-05/2023 (Mahkamah Sesyen)
Parties
Plaintiff (minor): MUHAMMAD HARRAZ ARYAN BIN MUHAMMAD ASMULIADI; Plaintiff's Litigation Guardian / Third Party (mother): SHAMIRRA HAZLINDA BINTI MOHD RUSLI; First Defendant: MUHAMMAD ALIEF AMIRUL BIN ALIAS; Second Defendant: ROZITA BINTI MUSA
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 January 2026
Case Number
DA-A53KJ-325-05/2023 (Mahkamah Sesyen)
Procedural Posture
Personal Injury Motor Vehicle Accident / Judgment (trial)
Outcome
Judgment for plaintiff; defendants held 100% liable; third party (mother) not negligent; plaintiff awarded general and special damages and costs with interest as ordered.
Legal Topics
Negligence, Vicarious Liability, Damages, Causation, Contributory Negligence
Source Language
Malay/English
Tort Civil Procedure Personal Injury Law Negligence Vicarious Liability Damages Causation Contributory Negligence

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Parties

MUHAMMAD HARRAZ ARYAN BIN MUHAMMAD ASMULIADI

Plaintiff (minor)

SHAMIRRA HAZLINDA BINTI MOHD RUSLI

Plaintiff's Litigation Guardian / Third Party (mother)

MUHAMMAD ALIEF AMIRUL BIN ALIAS

First Defendant

ROZITA BINTI MUSA

Second Defendant

Procedural Posture

Personal Injury Motor Vehicle Accident / Judgment (trial)

Legal Issues

  1. 1 Whether the first defendant was negligent in driving and breached duty of care to a child pedestrian
  2. 2 Whether the second defendant (owner) is vicariously liable for the first defendant's negligence
  3. 3 Whether the plaintiff or plaintiff's mother contributed to the negligence (contributory negligence/indemnity)

Ratio Decidendi

On the balance of probabilities the first defendant breached his duty of care by failing to keep a proper lookout and driving at an unreasonable speed for the conditions, evidenced by no braking marks and severe impact; the second defendant, as registered owner, is vicariously liable; the plaintiff (age 4) and his mother are not contributorily negligent; accordingly defendants are 100% liable and plaintiff is entitled to awarded general and special damages as quantified by the court.

Court Disposition

Judgment for plaintiff; defendants held 100% liable; third party (mother) not negligent; plaintiff awarded general and special damages and costs with interest as ordered.

Orders

  • Defendants jointly and severally liable to pay plaintiff general damages of RM518,000.00
  • Defendants jointly and severally liable to pay plaintiff special damages of RM3,379,698.10 as particularised in judgment