13 Sept 2023
1. ) VIJEYKUMAR A/L SUBRAMANIAM 2. ) H & P FARM AGRICULTURE SDN BHD ELIZABETH A/P NAGAIAH
- Citation
- JA-12B-77-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-77-10/2022 (Mahkamah Tinggi)
The High Court affirmed the Session Court's award of loss of dependency at RM2,000 per month for 16 years (total RM383,000) because the trial judge made a supported factual finding that RM2,000 monthly dependency was reasonable; however the award of bereavement damages (RM10,000) was set aside because, applying the law in force at the time of the accident (pre-2019 wording of section 7(3A) and (3B) of Act 67 and the savings provision of Act A1591), bereavement damages were claimable by parents only where the deceased was a minor, which was not the case here.