Fiona Anak Rubin [The Administratrix of the Estate of FRANK HARVEY ANAK FRANKIE RIYA (Deceased) Hermansyah Bin Amran

Fiona Anak Rubin [The Administratrix of the Estate of FRANK HARVEY ANAK FRANKIE RIYA (Deceased) Hermansyah Bin Amran

The Court of Appeal found no misdirection by lower courts and concluded the sessions court and High Court properly evaluated the evidence and sketch plan; liability rightly apportioned equally because the most probable scenario was mutual encroachment/avoidance resulting in contact; quantum was varied only to allow RM5,000 for unreceipted funeral expenses and to adjust the multiplicand to RM1,350 (leading to the appellant's 50% entitlement); interest was to be awarded at conventional 5% rates as specified.

Citation
Q-04(W)-157-04/2021 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Fiona Anak Rubin [The Administratrix of the Estate of Frank Harvey Anak Frankie Riya (Deceased)]; Respondent/defendant: Hermansyah Bin Amran
Court
W
Jurisdiction
Malaysia
Judgment Date
7 February 2024
Case Number
Q-04(W)-157-04/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (final)
Outcome
Appeal dismissed in substance; High Court and Sessions Court findings on liability and most items of quantum affirmed; limited variation of quantum granted; no order as to costs.
Legal Topics
Negligence, Liability Apportionment, Quantum of Damages, Interest on Judgment, Evaluation of Conflicting Evidence
Source Language
Malay/English
Tort Motor Vehicle Accident Fatal Accidents Civil Procedure Damages Negligence Liability Apportionment Quantum of Damages +2 more

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Parties

Fiona Anak Rubin [The Administratrix of the Estate of Frank Harvey Anak Frankie Riya (Deceased)]

Appellant/plaintiff

Hermansyah Bin Amran

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment (final)

Legal Issues

  1. 1 Whether defendant or deceased caused the collision and apportionment of liability
  2. 2 Proper assessment and calculation of dependency claim (multiplicand and multiplier)
  3. 3 Admissibility and award for unreceipted funeral and related expenses

Ratio Decidendi

The Court of Appeal found no misdirection by lower courts and concluded the sessions court and High Court properly evaluated the evidence and sketch plan; liability rightly apportioned equally because the most probable scenario was mutual encroachment/avoidance resulting in contact; quantum was varied only to allow RM5,000 for unreceipted funeral expenses and to adjust the multiplicand to RM1,350 (leading to the appellant's 50% entitlement); interest was to be awarded at conventional 5% rates as specified.

Court Disposition

Appeal dismissed in substance; High Court and Sessions Court findings on liability and most items of quantum affirmed; limited variation of quantum granted; no order as to costs.

Orders

  • Appeal dismissed and High Court decision affirmed on liability and most quantum items
  • Unreceipted funeral and prayer expenses awarded in the sum of MYR 5,000.00