SHAH ALAM: The High Court here Monday (Feb 12) dismissed a lawsuit filed by the parents of Muhammad Izzat Mohd Abdul Hakim against Sepang International Circuit Sdn Bhd (SIC) for negligence resulting in the death of their son at the Malaysian Super Series (MSS) race five years ago.
Judicial Commissioner Datuk Seri Tun Abdul Majid Tun Hamzah rejected the lawsuit filed by Mohd Abdul Hakim Embong and Norhaidah Mohd Noor and ordered them to pay RM14,000 to SIC and the second defendant, motoring company AAM Motorsports Sdn Bhd.
In his brief judgment, Tun Abd Majid said that the accident that resulted in the death of Muhammad Izzat was not due to the negligence of any party but an ''error of judgment''.
He added that motorsports are vulnerable to accidents and risks and said that all parties involved in the race are aware of this and are willing to accept all the possibilities.
"Although the court is sympathetic to the death of the plaintiff's son, the court found that the accident was not caused by the negligence of the defendants based on evidence," he said.
The husband and wife were represented by counsel Jefri Jaafar while SIC was represented by lawyer Muhammad Syafiq Salleh and AAM Motorsports by Mallika Lee.
Jefri said after the proceeding ended that he would file an appeal at the Court of Appeal within a month after reviewing the complete case judgment.
When asked on the error of judgment, Muhammad Syafiq explained that the situation took place when Muhammad Izzat's motorcycle collided with flag marshal S. Satish, who was also killed in the accident.
"When he went out of control on his motorcycle, Muhammad Izzat tried to avoid Satish, who also tried to avoid Muhammad Izzat. But they both dodged each other in the same direction until they crashed," he said.
In their lawsuit filed in 2016, the husband and wife claimed that their 17-year-old son, a superbike rider under SIC Ninja Cup programme, had participated in the race under the Kawasaki Ninja 250R Cup category at Sepang International Circuit on Sept 21, 2013.
During the race, they claimed that Muhammad Izzat was involved in an accident when his motorcycle skidded and crashed into Satish, who was in the circuit at the finish line.
Satish died at the scene due to the impact of the crash while Muhammad Izzat fell into a coma and died five days later.
The couple claimed that the first defendant (SIC) had failed or neglected to provide an efficient and experienced medical officer on the circuit to give medical treatment and assistance during an emergency.
They also claimed that the first and second defendants had failed or neglected to ensure that no obstacle or individual was at the finish line at the time the circuit was fully utilised by the riders.
In addition, the defendants also allegedly failed to comply with motor sports regulations, particularly involving the position of flag marshals during the race.
The plaintiff demanded special, general, severe and exemplary damages and legal costs and other relief deemed appropriate by the court.