WONG AUN KUOK TAN PENG HOOI sebagai isteri yang sah tanggungan kepada TEOW WEE LONG (simati) yang menuntut bagi pihak sendiri dan anak-anak lelaki simati

WONG AUN KUOK TAN PENG HOOI sebagai isteri yang sah tanggungan kepada TEOW WEE LONG (simati) yang menuntut bagi pihak sendiri dan anak-anak lelaki simati

Liability was upheld at 100% against the defendant because the investigator's findings, the defendant's police report, oral testimony and mute evidence (vehicle damage and debris) consistently established the defendant struck the deceased from behind; there was no contributory negligence by the deceased. However the quantum was altered: the proven monthly income of RM3,600 was used, a one-third deduction for the deceased's personal living expenses applied, and the appropriate multiplier produced RM158,000 for loss of dependency; with agreed funeral and bereavement sums the total general damages awarded was RM173,400. Appellate intervention on quantum was warranted and justified on the...

Citation
PA-12B-39-11/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: WONG AUN KUOK; Respondent/plaintiff: TAN PENG HOOI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2024
Case Number
PA-12B-39-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal partly allowed on quantum; appeal against liability dismissed and liability of defendant maintained at 100%
Legal Topics
Liability, Quantum of Damages, Loss of Dependency, Contributory Negligence, Mute Evidence, Appellate Review
Source Language
Malay/English
Tort Motor Vehicle Accident Fatal Accident Civil Damages Evidence Liability Quantum of Damages Loss of Dependency +3 more

Case Brief

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Parties

WONG AUN KUOK

Appellant/defendant

TAN PENG HOOI

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the defendant was 100% liable for the fatal road traffic accident
  2. 2 Whether there was contributory negligence on the part of the deceased/plaintiff
  3. 3 Proper measure and calculation of loss of dependency and appropriate deductions from deceased's income

Ratio Decidendi

Liability was upheld at 100% against the defendant because the investigator's findings, the defendant's police report, oral testimony and mute evidence (vehicle damage and debris) consistently established the defendant struck the deceased from behind; there was no contributory negligence by the deceased. However the quantum was altered: the proven monthly income of RM3,600 was used, a one-third deduction for the deceased's personal living expenses applied, and the appropriate multiplier produced RM158,000 for loss of dependency; with agreed funeral and bereavement sums the total general damages awarded was RM173,400. Appellate intervention on quantum was warranted and justified on the...

Court Disposition

Appeal partly allowed on quantum; appeal against liability dismissed and liability of defendant maintained at 100%

Orders

  • Appeal against liability dismissed; decision of the Sessions Court on liability upheld
  • General damages (quantum) awarded in the sum of RM173,400.00