Malaysia Case Law: Decisions & Judgments

Topic

Liability apportionment

Legal area

Court

10 Mar 2026

AZMAN BIN MOHAMAD MOHD. FARID BIN MISRON

Citation

JA-12B-44-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-44-07/2025 (Mahkamah Tinggi)

Appeal allowed in part: trial judge's finding of 100% liability set aside and reallocated 70% to defendant and 30% contributory negligence to plaintiff; several items of damages were excessive or unsupported and were reduced or disallowed leading to amended total award of RM280,060.00, with defendant's payable share after apportionment RM196,042.00; late filed appellant documents were excluded and oral address limited; costs of the appeal ordered each party to bear their own costs; specified interest rates applied as stated.
26 Feb 2026

1. ) MUHAMMAD FAIRUZ ISWADI BIN JAFRI 2. ) HARUN BIN ABDUL HAMID 1. ) MUHAMAD SYAFIQ BIN SALLEH 2. ) MUHAMAD SHUKRI BIN SALLEH 3. ) ZANITA BINTI ISMAIL

Citation

TA-B53KJ-26-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-26-12/2023 (Mahkamah Sesyen)

Court concluded both factual versions had force and could not fully prefer one; therefore both parties contributed: overall defendants 50% liable for Plaintiff One (apportioned D1 25%, D2/D3 25%) and defendants 100% liable for Plaintiff Two (pillion) such that Plaintiff Two recovers 100% of assessed damages; detailed quantum awarded item-by-item based on medical reports, compendium guidance and comparable authorities; costs and interest ordered as specified.
24 Feb 2026

1. ) MUHAMMAD IQMAL HAFIDZI BIN JAMALUDIN 2. ) UNICOM EVENT MARKETING SYAMZY ADAM BIN SHAMSUDIN

Citation

JA-12B-28-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-28-05/2025 (Mahkamah Tinggi)

The High Court altered the Sessions Court findings because material objective evidence of rear impact and failure to give adequate weight to more recent medical expert evidence warranted limited interference: liability reduced from 100% to 80% appellants:20% respondent for contributory negligence; award No.1 reduced from RM180,000 to RM100,000 based on the later expert report indicating good recovery; awards No.3–No.7 reduced by 15% for overlapping; and costs of the appeal fixed at RM5,000 payable by respondent to appellants.
23 Feb 2026

1. ) MUHAMMAD ADNAN BIN HASBULLAH 2. ) NUR IZZATI BINTI HASBULLAH 1. ) AZMI BIN ABDULLAH 2. ) PERNIAGAAN KESOM BINA

Citation

TA-B53KJ-8-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-8-05/2023 (Mahkamah Sesyen)

Defendants were 100% liable because the treller was parked so as to obstruct the plaintiff's lawful lane without adequate warning or supervision, breaching statutory duties and creating the danger that caused the collision; the plaintiff was not contributorily negligent on the balance of probabilities; adverse inference applied to defendants' failure to call a disclosed traffic controller witness; damages were assessed item by item and awarded accordingly with specified interest and costs.
30 Dec 2025

ANBARASAN MURUGESAN 1. ) MICHAEL JEBASEGARAN A/L MANOHARAN 2. ) LOTUS CHARITY CARE CENTRE

Citation

BI-B53KJ-20-12/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-B53KJ-20-12/2020 (Mahkamah Sesyen)

Based on the evidence of the investigating officer and Defendant 1, the court found Defendant 1 failed to take adequate care before turning into the junction and was 85% liable; Plaintiff found 15% contributorily negligent. Damages were assessed and awarded in respect of proved injuries and costs, with certain claimed items reduced or disallowed for lack of documentary support.
28 Nov 2025

KAU MING HOOI GHOURY A/P KRISHNAN

Citation

PA-12B-44-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-44-12/2023 (Mahkamah Tinggi)

Appellate court found no basis to interfere with the Sessions Court's assessment of quantum under the 'plainly wrong' standard, affirmed the Sessions Court's quantum awards, but allowed the appeal in part to reallocate liability as 100% to the Defendant because she turned across ongoing traffic while the Plaintiff was within speed limit.
19 Nov 2025

FIETHRIE AIZAT BIN ABDUL AZIZ 1. ) NUR HIDAYAH BINTI ABU BAKAR (Menuntut sebagai isteri yang sah dan tanggungan yang sah kepada MOHAMAD SHARIL RAMZHAN BIN MOHD RIZAL (Simati) untuk kesedihan dan kedukacitaan serta kerugian perbelanjaan di b

Citation

BA-12B-119-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-119-11/2024 (Mahkamah Tinggi)

On the evidence, including dashcam footage, the deceased could not have perceived the stationary vehicle in time to avoid collision (agony of moment); therefore the Trial Judge's 30% contributory negligence finding was unsafe and is set aside — Defendant First is 100% liable, Defendant Second remains not liable; quantum adjustments are warranted where the Trial Judge used incorrect income and inadequate funeral cost figures, so proven income RM3,150 and reasonable funeral cost RM3,000 are applied resulting in revised loss of dependency award.
22 Oct 2025

MOHD SHATAR BIN MOHD NOR YANG XIUHAI

Citation

BC-B53KJ-9-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-B53KJ-9-08/2024 (Mahkamah Sesyen)

Defendant is 90% liable and plaintiff 10% contributory; court awards itemised general damages for each injury without overlapping deductions because each injury has distinct effects; special damages proven were awarded as itemised; interest awarded at specified rates (5% p.a. on general damages from filing to judgment; 2.5% p.a. on special damages from accident to judgment; 5% p.a. post-judgment until full settlement).
14 Oct 2025

1. ) LUA BOON HOE (Menuntut sebagai benefisiari serta tanggungan dan bapanya yang sah kepada LUA QI LIM - Si mati mengikut Seksyen 7 & Seksyen 8 di bawah Akta Undang-Undang Sibil 1956) (Pindaan 2019) 2. ) CHUA BEE KHIM (Menuntut sebagai ben

Citation

DA-A53KJ-1116-11/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-1116-11/2024 (Mahkamah Sesyen)

The court accepted unchallenged employer and parental testimony that deceased earned RM7,000/month and contributed RM2,000/month to each parent; it included employer EPF and SOCSO contributions in the multiplicand, fixed the multiplicand at RM4,000/month, applied a 16‑year multiplier and awarded RM768,000 for loss of dependency; bereavement and funeral/post‑mortem sums as agreed were also awarded; defendants held 90% liable due to prior admission/recording of liability.
10 Oct 2025

JOTHILETCHUMI A/P PERIASAMY (Seorang wakil diri litigasi kepada KESAVAN A/L RAJASEKAR seorang yang kurang upaya dan/atau dari segi perubatan seorang yang tidak waras (unsound mind) 1. ) GUNALAN A/L SANKARAN 2. ) MEGALIFT SDN BHD

Citation

BA-12B-56-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-56-06/2024 (Mahkamah Tinggi)

Defendants were primarily negligent due to overwidth load intruding into oncoming lane, lack of end‑of‑load warnings, invalid permit and escort SOP failures; those breaches were the dominant cause of the accident and warranted 90% liability on defendants and 10% on plaintiff. The trial court's quantification of damages was within judicial guidelines and was not disturbed on appeal because no error of law or wholly erroneous factual appraisal was shown.