1. ) VIJAYAN A/L KUMARAN 2. ) PENGANGKUTAN PKS(TRIANG) SDN. BHD. 1. ) ELIZABETH A/P GUANDAS 2. ) PAVALAIE A/P KOLENDEDELOO

1. ) VIJAYAN A/L KUMARAN 2. ) PENGANGKUTAN PKS(TRIANG) SDN. BHD. 1. ) ELIZABETH A/P GUANDAS 2. ) PAVALAIE A/P KOLENDEDELOO

On the balance of probabilities the High Court upheld the Sessions Court: the lorry was parked in a non‑designated part of the roadway at the mouth of a junction, defendants failed to take precautions (no warning signs), illumination at the road was inadequate, and the deceased was contributorily negligent (driving at speed and failed to avoid); apportionment of liability 75% to defendants and 25% contributory negligence by the deceased; the mother's RM3,000/month dependency claim was dismissed for lack of evidence; appellate interference was unwarranted given trial judge's factual findings supported by exhibits and investigation.

Citation
NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant: Vijayan a/l Kumaran; Appellant/defendant: Pengangkutan PKS (Triang) Sdn. Bhd.; Respondent/plaintiff: Elizabeth a/p Guandas; Respondent/plaintiff: Pavalaie a/p Kolendedeloo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 October 2024
Case Number
NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (fatal Motor Vehicle Accident; Dependency Claim) / High Court Judgment on Appeal From Sessions Court (appeal Dismissed)
Outcome
Appeal dismissed; cross‑appeal dismissed; Sessions Court judgment affirmed in all material respects.
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages (loss of Dependency), Res Ipsa Loquitur, Appellate Review of Factual Findings
Source Language
Malay/English
Tort (negligence) Motor Vehicle Law Fatal Accident/dependency Claims Evidence and Procedure on Appeal Negligence Contributory Negligence Quantum of Damages (loss of Dependency) Res Ipsa Loquitur +1 more

Case Brief

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Parties

Vijayan a/l Kumaran

Appellant/defendant

Pengangkutan PKS (Triang) Sdn. Bhd.

Appellant/defendant

Elizabeth a/p Guandas

Respondent/plaintiff

Pavalaie a/p Kolendedeloo

Respondent/plaintiff

Procedural Posture

Civil Appeal (fatal Motor Vehicle Accident; Dependency Claim) / High Court Judgment on Appeal From Sessions Court (appeal Dismissed)

Legal Issues

  1. 1 Whether the parked lorry was lawfully/appropriately parked or constituted a hazard (liability)
  2. 2 Whether the deceased contributed to the accident (contributory negligence) and apportionment of liability
  3. 3 Whether the plaintiffs proved loss of dependency (quantum) especially claim by mother

Ratio Decidendi

On the balance of probabilities the High Court upheld the Sessions Court: the lorry was parked in a non‑designated part of the roadway at the mouth of a junction, defendants failed to take precautions (no warning signs), illumination at the road was inadequate, and the deceased was contributorily negligent (driving at speed and failed to avoid); apportionment of liability 75% to defendants and 25% contributory negligence by the deceased; the mother's RM3,000/month dependency claim was dismissed for lack of evidence; appellate interference was unwarranted given trial judge's factual findings supported by exhibits and investigation.

Court Disposition

Appeal dismissed; cross‑appeal dismissed; Sessions Court judgment affirmed in all material respects.

Orders

  • Notis Rayuan Perayu‑Perayu (Lampiran - 1) dismissed
  • Notis Rayuan Silang Responden‑Responden (Lampiran - 5) dismissed