1. Ghazali bin Ahmad (Bapa sah kepada simati Nur Aimi Zahirah binti Ghazali) 2. Abdul Wahab bin Salleh (Bapa sah kepada simati Nurul Izzati binti Abdul Wahab) Aznum binti Abdul Rahman @ Abdul Mutalib

1. Ghazali bin Ahmad (Bapa sah kepada simati Nur Aimi Zahirah binti Ghazali) 2. Abdul Wahab bin Salleh (Bapa sah kepada simati Nurul Izzati binti Abdul Wahab) Aznum binti Abdul Rahman @ Abdul Mutalib

The High Court reversed the Sessions Court, finding that on the balance of probabilities the defendant driver shared liability with the deceased motorcyclist; liability was apportioned 50/50. Documentary and oral evidence of employment and monetary contribution by the deceased were admissible under the Evidence Act (s32(1)(b), s60(3), s136) and may be supported by presumptions (s114), entitling plaintiffs to loss of dependency damages. Funeral expenses were allowed. Quantum awards are subject to the apportionment of liability; counterclaim and set-off by defendant given effect. Interest and costs awarded.

Citation
AB - 12B NCVC - 15 - 08/2019 (Mahkamah Tinggi)
Parties
Defendant/appellant: Aznum binti Abdul Rahman @ Abdul Mutalib; Plaintiff/respondent: Ghazali bin Ahmad; Plaintiff/respondent: Abdul Wahab bin Salleh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 September 2020
Case Number
AB - 12B NCVC - 15 - 08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Negligence) / Appeal From Sessions Court; Judgment on Quantum and Liability by High Court
Outcome
Appeal allowed in part; Sessions Court decision reversed in part; plaintiffs' claims allowed and liability apportioned 50/50 between defendant and motorcyclist; counterclaim and set-off by defendant allowed in principle; interest and costs awarded
Legal Topics
Apportionment of Liability, Loss of Dependency, Bereavement, Funeral Expenses, Admissibility of Documents, Counterclaim and Set Off, Appellate Review of Factual Findings
Source Language
Malay/English
Tort Negligence Evidence Civil Procedure Family Dependency Claims Motor Accident Claims Apportionment of Liability Loss of Dependency +5 more

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Parties

Aznum binti Abdul Rahman @ Abdul Mutalib

Defendant/appellant

Ghazali bin Ahmad

Plaintiff/respondent

Abdul Wahab bin Salleh

Plaintiff/respondent

Procedural Posture

Civil Appeal (motor Vehicle Negligence) / Appeal From Sessions Court; Judgment on Quantum and Liability by High Court

Legal Issues

  1. 1 Whether the Sessions Court erred in finding no liability on the driver and in rejecting plaintiffs' documentary evidence of employment
  2. 2 Whether plaintiffs are entitled to loss of dependency damages given documentary and oral evidence and presumptions under the Evidence Act
  3. 3 Whether bereavement and funeral expenses are recoverable given statutory limits and absence of receipts

Ratio Decidendi

The High Court reversed the Sessions Court, finding that on the balance of probabilities the defendant driver shared liability with the deceased motorcyclist; liability was apportioned 50/50. Documentary and oral evidence of employment and monetary contribution by the deceased were admissible under the Evidence Act (s32(1)(b), s60(3), s136) and may be supported by presumptions (s114), entitling plaintiffs to loss of dependency damages. Funeral expenses were allowed. Quantum awards are subject to the apportionment of liability; counterclaim and set-off by defendant given effect. Interest and costs awarded.

Court Disposition

Appeal allowed in part; Sessions Court decision reversed in part; plaintiffs' claims allowed and liability apportioned 50/50 between defendant and motorcyclist; counterclaim and set-off by defendant allowed in principle; interest and costs awarded

Orders

  • Liability apportioned 50% to defendant and 50% to the deceased motorcyclist
  • Award to first plaintiff for loss of dependency RM96,000 (RM500 x16 years) subject to 50% liability