MOHD HUSAINI BIN ABU HASSAN 1. ) JOHN DOE 2. ) Tan Yee Seong

MOHD HUSAINI BIN ABU HASSAN 1. ) JOHN DOE 2. ) Tan Yee Seong

On the balance of probabilities the court accepted the plaintiff's account, found Defendant First negligent, and held Defendant Second vicariously liable because the driver’s services were an integral part of Defendant Second’s business and akin to employment under the modern test for vicarious liability; damages were awarded accordingly and SOCSO payments disregarded under s28A Civil Law Act.

Citation
CB-B53KJ-4-03/2021 (Mahkamah Sesyen)
Parties
Plaintif: Mohd Husaini bin Abu Hassan; Defendan Pertama: John Doe; Defendan Kedua: Tan Yee Seong
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 June 2022
Case Number
CB-B53KJ-4-03/2021 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident Personal Injury (negligence) / Judgment on Appeal
Outcome
Plaintiff's claim allowed; Defendant First held 100% negligent; Defendant Second held vicariously liable; costs on scale awarded to plaintiff.
Legal Topics
Vicarious Liability, Burden of Proof, Quantum of Damages, Causation, Adverse Inference
Source Language
Malay/English
Tort Negligence Vicarious Liability Personal Injury Evidence Burden of Proof Quantum of Damages Causation +1 more

Case Brief

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Parties

Mohd Husaini bin Abu Hassan

Plaintif

John Doe

Defendan Pertama

Tan Yee Seong

Defendan Kedua

Procedural Posture

Motor Vehicle Accident Personal Injury (negligence) / Judgment on Appeal

Legal Issues

  1. 1 Whether Defendant First was negligent and caused the collision
  2. 2 Whether Defendant Second is vicariously liable for Defendant First
  3. 3 Whether Defendant First was an employee/agent or an independent contractor

Ratio Decidendi

On the balance of probabilities the court accepted the plaintiff's account, found Defendant First negligent, and held Defendant Second vicariously liable because the driver’s services were an integral part of Defendant Second’s business and akin to employment under the modern test for vicarious liability; damages were awarded accordingly and SOCSO payments disregarded under s28A Civil Law Act.

Court Disposition

Plaintiff's claim allowed; Defendant First held 100% negligent; Defendant Second held vicariously liable; costs on scale awarded to plaintiff.

Orders

  • Judgment for Plaintiff against Defendan Pertama and Defendan Kedua in the following sums (100% liability): General damages: Head injury with intracranial bleed RM35,000.00
  • General damages: Soft tissue injury and lacerations with tendon cut RM15,000.00