26 Feb 2025
1. ) JABATAN KERJA RAYA NEGERI SELANGOR 2. ) JABATAN KERJA RAYA DAERAH PETALING JAYA 1. ) SULAIMAN BIN MOHAMED 2. ) JURUMART SDN. BHD.
- Citation
- BA-12B-103-10/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-103-10/2024 (Mahkamah Tinggi)
Defendants were liable for negligence for failing to maintain the public road (including omissions); photographic evidence was admissible on proper identification; statutory immunity under the Government Proceedings Act 1956 does not bar negligence claims in road maintenance; delegation to a contractor does not absolve the State; the third party contractor was contractually obliged to perform inspections and pothole repairs and must fully indemnify the defendants; the trial court's apportionment of contributory negligence (plaintiff 40%) and assessment of damages were not disturbed.