1. ) LUA BOON HOE (Menuntut sebagai benefisiari serta tanggungan dan bapanya yang sah kepada LUA QI LIM - Si mati mengikut Seksyen 7 & Seksyen 8 di bawah Akta Undang-Undang Sibil 1956) (Pindaan 2019) 2. ) CHUA BEE KHIM (Menuntut sebagai ben

1. ) LUA BOON HOE (Menuntut sebagai benefisiari serta tanggungan dan bapanya yang sah kepada LUA QI LIM - Si mati mengikut Seksyen 7 & Seksyen 8 di bawah Akta Undang-Undang Sibil 1956) (Pindaan 2019) 2. ) CHUA BEE KHIM (Menuntut sebagai ben

The court accepted unchallenged employer and parental testimony that deceased earned RM7,000/month and contributed RM2,000/month to each parent; it included employer EPF and SOCSO contributions in the multiplicand, fixed the multiplicand at RM4,000/month, applied a 16‑year multiplier and awarded RM768,000 for loss of dependency; bereavement and funeral/post‑mortem sums as agreed were also awarded; defendants held 90% liable due to prior admission/recording of liability.

Citation
DA-A53KJ-1116-11/2024 (Mahkamah Sesyen)
Parties
Plaintiff: Lua Boo Hoe; Plaintiff: Chua Bee Khim; Defendant: Muhammad Aznan bin Mazlan; Defendant: Kami Farming Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 October 2025
Case Number
DA-A53KJ-1116-11/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Motor Vehicle Accident / Wrongful Death / Judgment (sessions Court)
Outcome
Judgment for plaintiffs in part; defendants jointly liable for the assessed damages with liability apportioned at 90% against defendants
Legal Topics
Loss of Dependency, Bereavement, Quantum of Damages, Special Damages, Liability Apportionment, EPF and SOCSO Contributions, Multiplier/multiplicand
Source Language
Malay/English
Civil Tort Damages Motor Vehicle Accidents Wrongful Death Loss of Dependency Bereavement Quantum of Damages +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lua Boo Hoe

Plaintiff

Chua Bee Khim

Plaintiff

Muhammad Aznan bin Mazlan

Defendant

Kami Farming Sdn Bhd

Defendant

Procedural Posture

Civil Motor Vehicle Accident / Wrongful Death / Judgment (sessions Court)

Legal Issues

  1. 1 Whether and how much the deceased contributed to plaintiffs (multiplicand) for loss of dependency
  2. 2 Whether plaintiffs must prove financial need to claim loss of dependency
  3. 3 Whether employer EPF and SOCSO contributions form part of multiplicand

Ratio Decidendi

The court accepted unchallenged employer and parental testimony that deceased earned RM7,000/month and contributed RM2,000/month to each parent; it included employer EPF and SOCSO contributions in the multiplicand, fixed the multiplicand at RM4,000/month, applied a 16‑year multiplier and awarded RM768,000 for loss of dependency; bereavement and funeral/post‑mortem sums as agreed were also awarded; defendants held 90% liable due to prior admission/recording of liability.

Court Disposition

Judgment for plaintiffs in part; defendants jointly liable for the assessed damages with liability apportioned at 90% against defendants

Orders

  • Defendants 1 and 2 jointly and severally liable to plaintiffs for 90% of the following damages: loss of dependency RM768,000.00; bereavement RM27,000.00; funeral expenses RM36,000.00; post-mortem/report costs RM40.00.
  • Liability recorded at 90% in favour of the plaintiffs as entered on 29.5.2025.