Negeri Sembilan utility firm to pay 80% of RM469,000 in fatal crash case

PUTRAJAYA: The Court of Appeal has ordered a Negeri Sembilan government-linked utility company to pay 80% of almost RM469,000 in damages after allowing an appeal by the estate of a woman over the amount awarded in a negligence suit.

The remaining 20% is to be borne by the federal government as the public works department (JKR) was also found liable by the trial court two years ago.

A three-member bench chaired by Justice Alwi Abdul Wahab ordered Syarikat Air Negeri Sembilan Sdn Bhd and the government to pay RM468,980 for loss of dependency and injuries suffered by passengers in a car driven by Norhamizah Mahadi, who was killed in the crash.

Justices Shahnaz Sulaiman and Amarjeet Singh, who sat with Alwi, also ordered the company to pay RM15,000 in costs to the estate of Norhamizah and another RM30,000 to the government.

The High Court last year allowed the estate’s appeal against the Kuala Pilah sessions court’s finding that Norhamizah was 10% contributorily negligent in the accident and awarded the estate RM270,000 in damages.

The sessions court apportioned liability at 70% against Syarikat Air Negeri Sembilan, 20% against JKR and the government, and 10% against Norhamizah.

However, the High Court reapportioned liability, assigning 80% to the company and 20% to the government.

Norhamizah’s husband, Luqman Hakim Hendon, and the couple’s teenage children, Akram Syathir, Dhia Sakinah, and Afkar Assyakirin, were in the car during the crash, which occurred on Feb 12, 2020, at KM28 of Jalan Tampin-Gemas. Luqman sustained serious injuries.

The estate named the company, JKR, and the government as defendants, claiming that the vehicle struck a large pothole caused by leaking underground water pipes, causing Norhamizah to lose control of the vehicle and crash.

The estate contended that the company was responsible for maintaining the underground water pipes, while JKR had responsibility over the road which had no street lights.

The company and JKR appealed against the sessions court’s decision, but the High Court dismissed their appeals.

Before the Court of Appeal, the company also challenged the finding on liability and sought to have JKR bear 80% of the damages. The appellate court rejected both arguments.

Lawyers Ariff Abu Bakar, Aizat Akmal Zamri, and Anis Aqilah Ashbakhri appeared for the estate, while Aisha Jothilingam and Komathi Raman represented the company.

Federal counsel Amalina Zainal Mokhtar and Shafiq Sazalli acted for the government.