1. ) VIJEYKUMAR A/L SUBRAMANIAM 2. ) H & P FARM AGRICULTURE SDN BHD ELIZABETH A/P NAGAIAH

1. ) VIJEYKUMAR A/L SUBRAMANIAM 2. ) H & P FARM AGRICULTURE SDN BHD ELIZABETH A/P NAGAIAH

The High Court affirmed the Session Court's award of loss of dependency at RM2,000 per month for 16 years (total RM383,000) because the trial judge made a supported factual finding that RM2,000 monthly dependency was reasonable; however the award of bereavement damages (RM10,000) was set aside because, applying the law in force at the time of the accident (pre-2019 wording of section 7(3A) and (3B) of Act 67 and the savings provision of Act A1591), bereavement damages were claimable by parents only where the deceased was a minor, which was not the case here.

Citation
JA-12B-77-10/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: VIJEYKUMAR A/L SUBRAMANIAM; Appellant/defendant: H&P FARM AGRICULTURE SDN BHD; Respondent/plaintiff: ELIZABETH A/P NAGAIAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2023
Case Number
JA-12B-77-10/2022 (Mahkamah Tinggi)
Procedural Posture
High Court Civil Appeal From Session Court / Judgment on Appeal (grounds of Judgment)
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Loss of Dependency, Bereavement Damages, Quantum, Application of Amended Statutes, Appeal Standard
Source Language
Malay/English
Tort Motor Vehicle Accident Civil Procedure Statutory Interpretation Loss of Dependency Bereavement Damages Quantum Application of Amended Statutes +1 more

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Parties

VIJEYKUMAR A/L SUBRAMANIAM

Appellant/defendant

H&P FARM AGRICULTURE SDN BHD

Appellant/defendant

ELIZABETH A/P NAGAIAH

Respondent/plaintiff

Procedural Posture

High Court Civil Appeal From Session Court / Judgment on Appeal (grounds of Judgment)

Legal Issues

  1. 1 Whether the quantum awarded for loss of dependency was excessive
  2. 2 Whether the plaintiff was entitled to bereavement damages under the law applicable at the time of the accident

Ratio Decidendi

The High Court affirmed the Session Court's award of loss of dependency at RM2,000 per month for 16 years (total RM383,000) because the trial judge made a supported factual finding that RM2,000 monthly dependency was reasonable; however the award of bereavement damages (RM10,000) was set aside because, applying the law in force at the time of the accident (pre-2019 wording of section 7(3A) and (3B) of Act 67 and the savings provision of Act A1591), bereavement damages were claimable by parents only where the deceased was a minor, which was not the case here.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Affirmed loss of dependency award of RM383000.00 (RM2,000 x 16 years x 12 months)
  • Set aside bereavement damages award of RM10,000.00