7 Oct 2024
TENGKU MUHAMAD KHAZI HAKIMI BIN KU HUSSIN 1. ) Pengarah Jabatan Kerja Raya Negeri Kelantan 2. ) KEMENTERIAN KERJA RAYA MALAYSIA 3. ) Kerajaan Malaysia 4. ) ROADCARE (M) SDN BHD
- Citation
- DA-12B-57-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-57-11/2022 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that a pothole filled with water existed at the material time and caused the accident; therefore the Sessions Court finding that Roadcare was 100% liable and that the Government defendants were vicariously liable was incorrect. Where maintenance has been contracted to Roadcare under the concession agreement (clause 21.1), the contractor bears the risk and indemnifies the Government. The Sessions Court awards on quantum were properly assessed and are upheld.