11 Sept 2025
PROJEK PENYELENGGARAAN LEBUHRAYA BERHAD (PROPEL) 1. ) ZAKARIA BIN HAMID (Bapa kandung kepada simati, AZIZI BIN ZAKARIA) 2. ) GAYAH BINTI DOCHIK ( Ibu kandung kepada simati, AZIZI BIN ZAKARIA)
- Citation
- A-04(NCvC)(W)-447-10/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-04(NCvC)(W)-447-10/2023 (Mahkamah Rayuan)
The Court held PLUS (as concessionaire under FRA 1984 s5) and PROPEL owed a common law duty to users and that duty was non-delegable for highway maintenance/hazards; appellants failed to take reasonable steps (patrols at 45–50 minutes and no adequate lighting insufficient) to discover/remove the hazardous foreign object within a reasonable time, thus causing the Deceased's death; the Sessions Court’s apportionment of liability (80% appellants, 20% deceased) and the High Court’s adjustment of quantum to RM500 per month were not plainly wrong and were affirmed; appeals dismissed with costs.