SEREMBAN: The High Court here has allowed an appeal by a woman's family not to apportion her any blame in the accident that claimed her life.
On Wednesday (Feb 5), Justice Wan Fadhilah Wan Idris set aside the ruling of the Kuala Pilah Sessions Court which apportioned 10% of the blame to Norhamizah Mahadi, then 35, for the incident at 5.50am on Feb 12, 2020 at KM28 Jalan Tampin-Gemas.
Her husband Luqman Hakim Hendon, now 40, was in the car when the accident happened.
Together with his children Akram Syathir (now 13), Dhia Sakinah, nine, and Afkar Assyakirin, seven, the family filed a suit against Syarikat Air Negri Sembilan (SAINS), the Public Works Department (JKR) and the government for alleged negligence.
They claimed that SAINS was responsible for the maintenance of the underground pipes while the road came under the purview of JKR.
The plaintiffs claimed that the car driven by Norhamizah had suddenly hit a gaping hole on the road which had been caused by leaking underground water pipes, causing her to lose control and crash.
Norhamizah was killed on the spot while Luqman was seriously injured.
Justice Wan Fadhilah in her judgment said SAINS was 80% liable for the mishap and the JKR, 20%.
The Kuala Pilah Sessions Court had in June last year apportioned 70% of the liability to SAINS, 20% to JKR and the government, and 10% to Norhamizah.
Both SAINS and JKR also appealed the decision but Justice Wan Fadhilah rejected their appeals.
The High Court awarded the family RM144,000 for loss of dependency and RM7,200 in medical costs.
Compensation for head injuries sustained by Luqman Hakim was also increased from RM10,000 to RM30,000.
Lawyer Muhammad Ariff Abu Bakar, who appeared on behalf of Luqman Hakim and his children, was assisted by Muhammad Aizat Akmal Zamri and Anis Aqilah Ashbakhri.
Muhammad Aizat later said the High Court ruling was significant as it affirmed the responsibility of the authorities to ensure that roads are safe and well-maintained.
"The responsible parties need to take appropriate measures to prevent similar tragedies from happening in the future.
"This decision provides justice to the victim's family and clarifies the principle of liability in cases involving public infrastructure," he said.
He added that utility companies need to ensure that the underground pipes under their supervision are always in good condition and regularly maintained to avoid leaks or damage that could affect the safety of road users.
SAINS was represented by Aisha Jothilingam while JKR and the government were represented by federal counsel Mohamad Shafiq Mohd Sazalli.
