31 Jan 2024
1. ) TAN LAY PENG 2. ) KAM AK CHAN 1. ) ONG BENG SHENG 2. ) ONG HOCK CHEW
- Citation
- BK-A53KJ-290-11/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK-A53KJ-290-11/2020 (Mahkamah Sesyen)
On the evidence the first defendant was solely negligent (speeding, lost control, encroached onto deceased's lane) and failed to discharge the onus under s102 Evidence Act 1950; the second defendant, as owner, is vicariously liable; res ipsa loquitur was not applied because cause was not unknown; deceased not contributorily negligent; quantum awarded by applying modern trend (one-third deduction from nett take-home pay) with multiplier 16 (192 months) yielding loss of dependency RM256,185.60, funeral RM31,685.70 and bereavement RM30,000; claim for loss of EPF dismissed for lack of pleading; i…