The Court of Appeal has ordered a Negeri Sembilan government-linked utility company to shoulder 80% of nearly RM469,000 in damages following an appeal by the estate of a woman who died in a road accident linked to negligence claims.
The remaining 20% liability was placed on the federal government, after the Public Works Department (JKR) was also found responsible in earlier court proceedings.
A three-member bench led by Justice Alwi Abdul Wahab ruled that Syarikat Air Negeri Sembilan Sdn Bhd and the government must pay RM468,980 for loss of dependency and injuries sustained by passengers in a vehicle driven by Norhamizah Mahadi, who was killed in the crash.
Justices Shahnaz Sulaiman and Amarjeet Singh, sitting alongside Justice Alwi, also ordered the company to pay RM15,000 in costs to the deceased’s estate, while RM30,000 was awarded to the government.
The High Court had previously allowed the estate’s appeal against the Kuala Pilah Sessions Court’s decision, which had found the deceased 10% contributorily negligent and awarded RM270,000 in damages.
In the initial ruling, liability had been apportioned at 70% against the utility company, 20% against JKR and the government, and 10% against the deceased.
However, the High Court later revised the apportionment, assigning 80% liability to the company and 20% to the federal government.
The accident occurred on February 12, 2020, at KM28 Jalan Tampin–Gemas, involving Norhamizah’s husband and their children, with her husband sustaining serious injuries.
The estate argued that a large pothole caused by leaking underground water pipes led to the driver losing control of the vehicle, resulting in the fatal crash.
Both the utility company and JKR had initially appealed against the Sessions Court’s ruling, but their appeals were dismissed by the High Court.
The Court of Appeal also rejected the company’s bid to shift greater liability onto JKR.
