1. ) Zidi Bin Abu Osman (Menuntut Sebagai Bapa Dan Orang Tanggungan Yang Sah Kepada Mohammad Danial Bin Zidi (No. Kp: 990605-07-5597), Simati Dan Bagi Orang-orang Tanggungan Lain Di Bawah Seksyen 7 & 8 Akta Undang-undang Sivil 1956), Penama

1. ) Zidi Bin Abu Osman (Menuntut Sebagai Bapa Dan Orang Tanggungan Yang Sah Kepada Mohammad Danial Bin Zidi (No. Kp: 990605-07-5597), Simati Dan Bagi Orang-orang Tanggungan Lain Di Bawah Seksyen 7 & 8 Akta Undang-undang Sivil 1956), Penama

Appeal allowed in part: on the balance of probabilities the defendant was principally at fault for turning into the path of the deceased and had admitted a prior summons for turning into the junction; the deceased contributed by failing to maintain safe distance; liability apportioned 80% to defendants and 20% to appellant; loss of dependency and funeral expenses awarded pro rata (80%) and defendants' late notice of cross-appeal struck out for being filed out of time; costs and interest awarded as ordered.

Citation
PA-12B-3-03/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Zidi bin Abu Osman; Nominee/dependent: Rokiah binti Mohamad Zin; Respondent/defendant: Ang Sze Hooi; Respondent/defendant: Chaw Kok Kheong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 October 2023
Case Number
PA-12B-3-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (fatal Motor Vehicle Accident) / High Court Appeal From Sessions Court Judgment
Outcome
Appeal allowed in part; Sessions Court decision on liability and quantum set aside and replaced; defendants held 80% liable, appellant 20% contributory; defendants' notice of cross-appeal dismissed as out of time.
Legal Topics
Contributory Negligence, Apportionment of Liability, Loss of Dependency, Interest on Damages, Late Filing of Cross Appeal
Source Language
Malay/English
Tort Motor Vehicle Accidents Damages Civil Procedure Contributory Negligence Apportionment of Liability Loss of Dependency Interest on Damages +1 more

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Parties

Zidi bin Abu Osman

Appellant/plaintiff

Rokiah binti Mohamad Zin

Nominee/dependent

Ang Sze Hooi

Respondent/defendant

Chaw Kok Kheong

Respondent/defendant

Procedural Posture

Civil Appeal (fatal Motor Vehicle Accident) / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 apportionment of liability between rider and driver
  2. 2 quantum of damages for loss of dependency
  3. 3 validity of late-filed notice of cross-appeal

Ratio Decidendi

Appeal allowed in part: on the balance of probabilities the defendant was principally at fault for turning into the path of the deceased and had admitted a prior summons for turning into the junction; the deceased contributed by failing to maintain safe distance; liability apportioned 80% to defendants and 20% to appellant; loss of dependency and funeral expenses awarded pro rata (80%) and defendants' late notice of cross-appeal struck out for being filed out of time; costs and interest awarded as ordered.

Court Disposition

Appeal allowed in part; Sessions Court decision on liability and quantum set aside and replaced; defendants held 80% liable, appellant 20% contributory; defendants' notice of cross-appeal dismissed as out of time.

Orders

  • Award for loss of dependency in favour of appellant RM143,308.80 (80% of RM179,136.00)
  • Award for funeral expenses RM2,400.00 (80% of RM3,000.00)