FAZLI BIN HAZERI 1. ) POLYWARE SDN BHD 2. ) JOHN DOE 3. ) KMB RESOURCES SDN BHD PIHAK TERKILAN GENERALI INSURANCE MALAYSIA BERHAD (AAGI)

FAZLI BIN HAZERI 1. ) POLYWARE SDN BHD 2. ) JOHN DOE 3. ) KMB RESOURCES SDN BHD PIHAK TERKILAN GENERALI INSURANCE MALAYSIA BERHAD (AAGI)

Court held accident was an employment injury and the forklift is not a motor vehicle for purposes of the proviso to s.31; because Plaintiff received SOCSO benefits and the proviso does not apply, s.31 bars the Plaintiff from suing the first and second defendants, therefore the claim against them is struck off.

Source-derived case information.

Citation
AA-A53KJ-154-06/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Fazli bin Hazeri; Defendant: Polyware Sdn Bhd; Defendant: John Doe; Defendant: KMB Resources Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 July 2022
Case Number
AA-A53KJ-154-06/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Personal Injury (employment Accident) / Order 14 a Determination at Sessions Court; Appeal Filed to High Court
Outcome
Application under Order 14A allowed; Plaintiff's claim against First and Second Defendants struck off.
Legal Topics
Employees' Social Security Act S.31 (socso), Definition of Motor Vehicle Under Road Transport Act, Employer and Servant Liability, Order 14 a Rules of Court Determination
Employment Law Tort Insurance Law Statutory Interpretation Employees' Social Security Act S.31 (socso) Definition of Motor Vehicle Under Road Transport Act Employer and Servant Liability Order 14 a Rules of Court Determination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fazli bin Hazeri

Plaintiff

Polyware Sdn Bhd

Defendant

John Doe

Defendant

KMB Resources Sdn Bhd

Defendant

Procedural Posture

Civil Personal Injury (employment Accident) / Order 14 a Determination at Sessions Court; Appeal Filed to High Court

Legal Issues

  1. 1 Whether the Plaintiff is barred by Section 31 of the Employees' Social Security Act 1969 from suing the employer and the employer's servant
  2. 2 Whether the forklift involved is a 'motor vehicle' such that the proviso to s.31 applies

Ratio Decidendi

Court held accident was an employment injury and the forklift is not a motor vehicle for purposes of the proviso to s.31; because Plaintiff received SOCSO benefits and the proviso does not apply, s.31 bars the Plaintiff from suing the first and second defendants, therefore the claim against them is struck off.

Court Disposition

Application under Order 14A allowed; Plaintiff's claim against First and Second Defendants struck off.

Orders

  • Plaintiff's claim against First Defendant (Polyware Sdn Bhd) and Second Defendant (John Doe) struck off
  • Plaintiff to pay costs of RM2,000 to the Defendants