TAN CHUN KEAN LEE MEEI MEEI (ISTERI KEPADA TAN KEAN AUN, SIMATI)

TAN CHUN KEAN LEE MEEI MEEI (ISTERI KEPADA TAN KEAN AUN, SIMATI)

The High Court found the objective evidence of brake and drag marks on the Key and Sketch Plan conclusively supported the Defendant's version and excluded the Plaintiff's version; therefore the trial judge's factual findings were overturned, Defendant was held not liable, and the multiplicand for loss of support was reduced from RM2,000 to RM1,600 per month (80% of proven income) as a reasonable fraction of income contributed to family support.

Citation
PA-12B-72-12/2018 (Mahkamah Tinggi)
Parties
Appellant: Tan Chun Kean; Respondent: Lee Meei Meei
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12B-72-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Sessions Court Judgment (motor Accident Fatality) / High Court Hearing on Appeal From Sessions Court After Retrial
Outcome
High Court allowed Defendant's appeal on liability and quantum, found Defendant not liable, and dismissed Plaintiff's cross-appeal on quantum
Legal Topics
Loss of Support, Liability, Quantum, Assessment of Physical Evidence (brake and Drag Marks), Weight of Investigating Officer's Opinion, Appeal Standard for Findings of Fact
Source Language
Malay/English
Tort Motor Vehicle Accidents Damages Evidence Law Civil Procedure Loss of Support Liability Quantum +3 more

Case Brief

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Parties

Tan Chun Kean

Appellant

Lee Meei Meei

Respondent

Procedural Posture

Civil Appeal Against Sessions Court Judgment (motor Accident Fatality) / High Court Hearing on Appeal From Sessions Court After Retrial

Legal Issues

  1. 1 Whether the Defendant was liable for the fatal collision
  2. 2 Whether objective evidence (brake and drag marks and sketch plan) overrides witness testimony and IO opinion
  3. 3 Proper assessment of multiplicand for loss of support under s7 Civil Law Act 1956

Ratio Decidendi

The High Court found the objective evidence of brake and drag marks on the Key and Sketch Plan conclusively supported the Defendant's version and excluded the Plaintiff's version; therefore the trial judge's factual findings were overturned, Defendant was held not liable, and the multiplicand for loss of support was reduced from RM2,000 to RM1,600 per month (80% of proven income) as a reasonable fraction of income contributed to family support.

Court Disposition

High Court allowed Defendant's appeal on liability and quantum, found Defendant not liable, and dismissed Plaintiff's cross-appeal on quantum

Orders

  • Allowed Defendant's appeal on liability and set aside Sessions Court finding of 100% liability
  • Allowed Defendant's appeal on quantum and reduced multiplicand from RM2,000.00 per month to RM1,600.00 per month (80% of proven income)