Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Use of emergency lane

Legal area

Court

9 Jun 2024

1. ) PARAMESURY A/P V.RAMAN KUTTY 2. ) JEGATHAMBAL A/P PONNIAH TAN LING HOOR

Citation

JA-12B-31-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-31-05/2023 (Mahkamah Tinggi)

Stopping a motorcar in an emergency lane to make a telephone call is not a permitted emergency under Rule 53 LN 166/59; D1's sudden entry and stoppage in the emergency lane constituted negligence and justified a 90:10 apportionment of liability; the Sessions Court's quantum awards were within a reasonable range and not manifestly excessive and are therefore affirmed on appeal.
14 Apr 2022

1. ) SIVANYANAM A/L GAHASAN 2. ) LEEBOH TRADING & TRANSPORT SDN BHD NURSAFARINA BINTI AHMAD

Citation

BA-12B-29-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-29-08/2021 (Mahkamah Tinggi)

The trial judge materially misdirected himself by failing to properly consider unchallenged eyewitness SD2 and the investigating officer's findings; the deceased was primarily at fault for overtaking and failing to keep a lookout in the emergency lane, and the Defendants failed to prove they provided sufficient warning but bore only 25% liability while the Plaintiff (deceased's estate) bore 75% liability; appellate intervention was warranted to set aside the 50:50 apportionment.