1. ) Taufek Bin Mohammad (seorang yang tidak berupaya dan diwakili oleh NORHIDAWATI BINTI MOHAMAD NOR [NO. K/P : 801228-01-5736] sebagai wakil litigasinya) 2. ) NORHIDAWATI BINTI MOHAMAD NOR 1. ) ABU BAKAR BIN MUSTAR 2. ) SOUTHERN DIGGERS E

1. ) Taufek Bin Mohammad (seorang yang tidak berupaya dan diwakili oleh NORHIDAWATI BINTI MOHAMAD NOR [NO. K/P : 801228-01-5736] sebagai wakil litigasinya) 2. ) NORHIDAWATI BINTI MOHAMAD NOR 1. ) ABU BAKAR BIN MUSTAR 2. ) SOUTHERN DIGGERS E

Court accepted medical and family evidence that plaintiff was incapacitated such that his wife could act as litigation representative notwithstanding lack of prior High Court leave; on the facts the defendant driver/owner were negligent for leaving a one-ton lorry unattended in the emergency lane without adequate...

Source-derived case information.

Citation
JA-A53KJ-367-06/2022 (Mahkamah Sesyen)
Parties
Plaintiff (person With Disability): Taufek bin Mohammad; Plaintiff (next Friend / Litigation Representative): Norhidawati binti Mohamad Nor; Defendant (driver): Abu Bakar bin Mustar; Defendant (owner of Lorry): Southern Diggers Enterprise Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 October 2023
Case Number
JA-A53KJ-367-06/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (motor Accident/personal Injury) / Judgment at Trial (session Court); Appeal Noted by Defendants on Liability and Quantum
Outcome
Plaintiffs' claims allowed with costs; defendants held 80% liable, plaintiff 20% contributory
Legal Topics
Negligence, Damages, Contributory Negligence, Next Friend/wakil Litigasi, Future Care Costs, Loss of Earnings
Tort Road Traffic Law Personal Injury Mental Capacity/representation Negligence Damages Contributory Negligence Next Friend/wakil Litigasi +2 more

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Parties

Taufek bin Mohammad

Plaintiff (person With Disability)

Norhidawati binti Mohamad Nor

Plaintiff (next Friend / Litigation Representative)

Abu Bakar bin Mustar

Defendant (driver)

Southern Diggers Enterprise Sdn Bhd

Defendant (owner of Lorry)

Procedural Posture

Civil Claim (motor Accident/personal Injury) / Judgment at Trial (session Court); Appeal Noted by Defendants on Liability and Quantum

Legal Issues

  1. 1 Whether next friend/wakil litigasi was valid without prior High Court leave under Order 76 r1A
  2. 2 Whether plaintiff proved defendant negligence in leaving lorry unattended and without adequate warning
  3. 3 Whether plaintiff was contributorily negligent and apportionment of liability

Ratio Decidendi

Court accepted medical and family evidence that plaintiff was incapacitated such that his wife could act as litigation representative notwithstanding lack of prior High Court leave; on the facts the defendant driver/owner were negligent for leaving a one-ton lorry unattended in the emergency lane without adequate warnings and that caused the collision; plaintiff entitled to damages on balance of probabilities; contributory negligence of plaintiff assessed at 20% and defendants liable 80%; specific awards were made for general and special damages with some claims refused (eg. certain future medical cost claims and eye injury claim).

Court Disposition

Plaintiffs' claims allowed with costs; defendants held 80% liable, plaintiff 20% contributory

Orders

  • Defendants to pay general damages: RM280000.00 for severe head injury
  • Defendants to pay RM18000.00 for closed fracture right clavicle