6 Oct 2025
1. ) KRISHNAN A/L K.PARASURAMAN 2. ) PARAMAS BARY A/P MUTHYAH 1. ) MOHD AFANDI BIN ABDUL AZIS 2. ) M/s SOON LEE TRANSPORT SDN BHD
- Citation
- JA-12B-51-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-51-07/2023 (Mahkamah Tinggi)
Because the trial judge's findings were internally inconsistent (finding negligence by the first defendant yet dismissing the plaintiffs' claim as entirely attributable to the deceased), appellate intervention was warranted; on the evidence both parties contributed to the collision and liability is apportioned 50:50, the dependency claim is allowed based on credible oral testimony despite imperfect pleadings and absent documentary proof, bereavement damages under the 2019 amendment cannot be awarded prospectively to an accident occurring before 1 September 2019, and special/funeral expenses s…