11 Sept 2025
PROJEK LEBUHRAYA USAHASAMA BERHAD 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)-444-10/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-04(NCvC)(W)-444-10/2023 (Mahkamah Rayuan)
PLUS, as toll concessionaire under FRA 1984 s5, owed a common law duty to highway users to maintain the highway in good repair and that duty in respect of hazardous highway maintenance is non-delegable; PLUS and PROPEL failed to take reasonable steps to discover and remove a dangerous foreign object on an unlit stretch and to mitigate night-time risk (eg lighting, effective SOP and response times), thus both were negligent and liable (80% apportionment to appellants, 20% to deceased); High Court was not plainly wrong and its increase of monthly dependency to RM500 stands; appeals dismissed.