-

Mabo k final assessment

kematian - immediate
involve \
few days after
-

-
final injuries is death .

hospitalized
-

bring by family member(next of kings

FATAL ACCIDENT
CLAIMS
DEPENDENCY CLAIMS
ESTATE CLAIMS

give civil Mong, xgiue raise

- death of apemen does x raise to a

to CoA .

ct, death of human being could × be complaint as an injury .

-
in civil

INTRODUCTION
to estate
compensation damages for wrong ② Pain and jnoof
claim onloss .

Award distribute warding that cost def

-

Gen -

damages amenities
tho ←
suffering
.

theme of / med expenses

many:nIiite%:&
death .

Estate
.

,
Special Funeral
damages expenses
:p:c:!
re ←
Fatal accident
claims Loss of guru .
Support nutritious food .

①
Spouse/
Dependency Bereavement
Parents
deprived dependants c-
t
of financial
support v
( Kena dda 3 ni Special
damages
Funeral
expenses
SFWA 19

Dr Noraiza Abdul Rahman Estate v

dependency 2

& odium by dependants

by family
when survived
accident by death
.

1
 1984 act
2019
=

Act
Islept
.

- =
12019
qgy 2019 dependency
qgtoott 9- Sept
-
St :

Estate claim
after -
S8 :

( tgk date of death ,

xodfataeccident
INTRODUCTION cendant dpt
dip COAT damages honourable

#
statutory
compensatory
.

• The Civil Law Amendment Act (CLAA) 2019 and 1984 which came into
force on 1st September 2019 and 1st October 1984, introduced some
thy damages according
its estimate of ewnomic to

material changes made to Sections 7 and 8 (1984 only). -

wk that dependant sitter
g will continue to sitter
• By way of the amendments, a fixed multiplier was introduced. consequence of
withdrawal in

of decorates Wp port
• The damages recoverable had previously and traditionally been
.

referred to as the damages for loss of support by the dependants of

the deceased (the dependency claim) and damages for lost years
and other pecuniary losses suffered by the estate of the deceased
(the estate claim).
L
what arrive only Yayoi
aviated
deceased have with AWM
cost of by death
-

which he from tarikh accident → tarikh Mati

immediately
u

by
any
-

to mover
co A- to
declared could hv delivered damages
ht S8
by by his
damages after immediately
death for benefit of
Dr Noraiza Abdul Rahman
qhnyinetot.tl dips] wa where
,
a
person
dies at a rent of

act , neglect , default, the 3

any wrongful
dependent of deceased can bind able
action for lots of Wpport f
renton

expenses a marred by them damages

.

claim
estate of detente
can
of dependency ]
dependenton ribht
-

un

DEPENDENCY CLAIM
• A claim for loss of support suffered by the dependants of the
deceased as a result of the death of the latter caused by the
negligence of the wrongdoer.
• A claim under Section 7 of Civil Law Act 1956 must be brought within
three years after the death of the deceased person in question as
much
provided in Section 7(5) of the CLAA. how
contribution of deceased
support dependants
'
claim LOE , but claim lots of to .

-
X
funeral expenses both claim
by on
-

Dr Noraiza Abdul Rahman 4

2
Family members must proof child , grandchild
8 below

of
① they are the dependant →purse
deceased cstczjfszob.IT parents
&grandparents
the

@ Financial loss

based family relation

③ Financial loss on

DEPENDENCY CLAIM
Pre-requisites
Child (son/daughter/illegitimate
child/ legally adopted
child/grandchild/ stepchild)

• First, claimants must be

Husband/wife dependants to be
qualified under
Sections 7(2) and 7(11)
of Civil Law Act 1956.

Parents
(father/mother/grandparents)

Dr Noraiza Abdul Rahman 5

Pre-requisite:
Dependants
Adopted Child A Child above 18
adoption
sigil
• In Zulkifli Ayob v Velasini
add exo
• In James anak Jack & 2 Ors v better
Madhavan [2000], the Court / masih
Ting Kuok Hua [2006], the High → financially supported
"

→
said that only legally adopted Court held that a child above the parents
.

?÷÷÷
by
children qualify as dependants, the age of 18 years qualifies to
and there must be evidence to be a dependant provided that
show that the child was the he suffers financial loss as a result
legally adopted child of the of the death of the deceased.
deceased. " : :* i:*::* : :*:O: : :*
CLA Ipvnxpeasulkab
act
auto Adoption

Dr Noraiza Abdul Rahman 6

3
 entitle to contribution

qloibl ngsx 5 his deceased by .

Pre-requisite:
Dependants
Siblings [NO] Divorced Wife [ NO]
• In Chan Chin Ming v Lim Yok Eng • The Court, in Payne-Collins v
[1994], persons entitled to claim Taylor Woodrow Construction A
divorced yet
lama
for loss of support do not include [1975], a divorced wife is not a T

siblings. bas siblings x dependants dependant, but a wife who dah

separated b dik
→ tgh
tp
deserted the husband prior to his
death can only make a
dependency claim if she shows
a significant prospect of W
reconciliation. legally separated →
band from

wife committed adultery dessert

ed
8
died
corai
the it
taylor dependency
-
H by
> davies v
.

had intention
to old
Mf
.

boat It
proceeding sempat
.

otuoa.ae?mTxEYargFIof.r
of reconciliation
there was
A prospect misters pun
Dr Noraiza Abdul Rahman lawman 7
Xleh
6
( widow g- dah forfeit right to maintenance
unmarried
Heh
deserting Woman pm
-

reconcile
Nhat how significant psogpeetnak
.

hot mere speculative possibility .

Pre-requisite:
Dependants
Wife under Customary Marriage Grandparents
• In Chong Sin Sen v Janaki • In Esah Ishak v Kerajaan
Chellamuthu [1997], a plaintiff, Malaysia [2006], the Court
having undergone a customary decided that grandparents fall
marriage with the deceased within the definition of Section
and not having solemnised or 7(2) and are dependants as
registered the marriage under specified under Section 7(11).
the LRA, is still a ‘wife’ within the
definition of Section 7(2) and has
the locus standi to bring an
action. Any married accord
women custom wifeto - .

Transat
Dr Noraiza Abdul Rahman

hongi Tore my bin kinin

marriage
8

-
Involve Chinese who may

4
 Section 7(2) categories

Amendment in 2019
add 9-
more
-
of dependants .

① when death ?
@ who dependant
• In relation to the amendment in 2019

Fmmy financially Ap ported by

Dr Noraiza Abdul Rahman
deceased .

9
- tak Kisan bukan child /parents /spouse .

Section 7(2)
Amendment in 2019
• Previously where the death of a person was caused by a wrongful act,
compensation could be made only to the wife/husband, parent and
child of the deceased.
• The amendments now include any person with disabilities under the
care of the deceased.
• “Person with disabilities” is the same as defined in the Persons with
Disabilities Act 2008, ie:
o …“persons with disabilities” include those who have long term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society person
with disabilities
- .

Dr Noraiza Abdul Rahman 10

5
 DEPENDENCY CLAIM
Pre-requisites
Second, the dependants must
show that they have suffered
financial loss; and third, the
financial loss directly haetlhsz
g-not
con

connected to family relation

Dr Noraiza Abdul Rahman 11

Pre-requisite:
I

Financial Loss/ Loss of Support

• ‘Support’ means a source of means of living, subsistence, sustenance,
maintenance.
Vtk hid
barany deeper pakatan nafkah means of living
-
, , ,
up
.

dit "" • The amount that makes up ‘loss of support’ is the amount the
deceased would have given his dependants during his lifetime, where
ggwp.yugi
am RMRN" <
-

the dependants primarily relied on the earnings of the deceased

gagmy map
,
minus his living expenses.
• The plaintiff must have received a direct benefit from the deceased’s
support, but need not prove that he was totally dependent on the
on support
deceased’s contribution for his daily needs. " x sensestinya relybantotally
.

to dig
Jedikit sebahyuk men
bayar bill
Mem

belt brg clap or

.

Dr Noraiza Abdul Rahman 12

6
 Pre-requisite:
Financial Loss/ Loss of Support
• In Chan Chin Ming, it was proved that out of the RM750 allegedly
contributed by the deceased, the direct benefit derived by the
plaintiff, who was the mother of the deceased, was only RM375 as the
rest was used for the benefit of the deceased’s sister who was not a
dependant under the Act.
• In Balakrishnan Sinnappan & Anor v Mariammah Ganapragasm & Ors
[2006], the High Court reduced the miltiplicand awarded from RM1378
to RM600 as the deceased’s business was still continuing to produce
income and the widow and children were receiving income from the
business.
Wala upon ayah dia dah xde tapi business still add profit

tfei iednoywsor dependency

,

dam
if chrome pawn b
exaggerated especially
.

to be
Dr Noraiza Abdul Rahman 13

Pre-requisite: attributed solely

Family Relations Wss
relationship
.

-
to famthy

• If the loss is due to a contractual relationship, it cannot be claimed.

• In Burgess v Florence Nightingale Hospital [1955]: The husband and
wife were professional dancing partners and the wife died due to the
negligence of a surgeon.
• The Court held that where the benefit must be a benefit arising from
their relationship as husband and wife, the Court allowed the claim for
the deceased wife’s contribution to the joint living expenses, but
rejected the claim for loss of services of the wife as a dancing partner.

Profit of business Heh la claim up a g- di turd

.

Is what the husband provides us.

Dr Noraiza Abdul Rahman 14

7
 CONDITIONS PRECEDENT
• Section 7(3)(iv)(a) of the CLAA provides that loss of
support can only be claimed where three
conditions have been fulfilled:

Hair
Age below 55
.. .

: :: :: :: :c
Good health

Receive earnings
Dr Noraiza Abdul Rahman 15

YES I
act so 14

Age Below 55
eventho
→
diaxamendeh noted sea
to
? 66 I

• The deceased was aged below 55 at the time of the accident

• In Jennifer Anne Harper v Timothy Theseira, the Court rejected the
claim for loss of support as the deceased was, at the time of the
accident, 68 years old.

of death loss of
deceased dah Ey to @ time
-

will x be token into

avi
after death
earning
deemed x anana al support .

try to 8
above
-

of
-

my
under eyes
.

> no dependency

Dr Noraiza Abdul Rahman 16

8
 Good Health
• The deceased was in good health, but for the injury that caused his
death
• In Loh Hee Thuan v Mohd Zani Abdullah, it is not necessary for a
person’s entire medical record to be admitted in order to prove ‘good
health’. It is sufficient to prove that he was able to lead a normal life
before the accident.

Dr Noraiza Abdul Rahman 17

\ -

ad ahhh consistentannum
-

tuna ?
life
=

ayah if a per Suk

real dim
Q
p
=
byh
in fam
?
3)
l
4A )
µ
amount
contribution pleaded
sac
Receiving Earnings specificallyproof
- he?
Wha s
,
• The deceased must have been receiving earnings prior to his death
(at the time of his death)
• In Dirkje Pieternella Halma, the Court decided that if the deceased
was on a no-pay leave, or temporarily laid off at the time of the
accident, the court would regard him as not having any earnings and
his dependants will not be entitled to loss of support.
• In Chua Kim Suan, the earnings in question must be legal.

Dr Noraiza Abdul Rahman 18

9
 B

rumor
CONDITIONS xreqof good
-

health anymore
.

Amendment in 2019
• In calculating payable compensation, one factor is loss of earnings.
(This is because the deceased would have been able to continue
working and drawing income, if not for his/her untimely death.)
• Previously, loss of earnings could be claimed if the deceased was 55
years old and above when he/she died.
• The amendment increases the applicable age to 60 years old.

pttrwuhtto vmor 58: Heh

dum 1085 Of support
retirement agent Italy 2013
I got 2018
-

min ,
.

sgbpakai act
1984
toaoylo
-
.

Dr Noraiza Abdul Rahman 19

CONDITIONS
Amendment in 2019
• Also, loss of earnings could only be claimed previously if the
deceased was in good health and working.
• With the amendments, the ‘good health’ aspect has been
removed.
• If the deceased was below 60 years of age, working and regardless
of his/her health, loss of earnings would still be taken into
consideration when making compensation.

Dr Noraiza Abdul Rahman 20

10
 CONDITIONS
Amendment in 2019
• In relation to Section 7(3)(iv)(a):

Dr Noraiza Abdul Rahman 21

Civ )
Ca)
SFC 3)
if 3 req
multiplicand
in
w ululate
(
u
next step
r f
multiple

ASSESSMENT ✓
Seba
rang pangkatlgoyixdramil
Kats
Kenai

• Section 7(3)(iv)(b): In assessing the loss of support, the court shall not
take into account any prospects of increase in earnings at any period
after the person’s death. total
→ living expenses from loss of
• Section 7(3)(iv)(c): In calculating the loss of support, living expenses of support .

the deceased at the time of his death must be deducted.

• In Saw Hau Huat v Mohd Nor Taya: Living expenses include the cost of
food, cost of a deceased’s car petrol and its upkeep, and his
entertainment and sundry expenses, but not the deceased’s
contribution to his dependants.
's
mak did tp ban
→ dia b g all gaji @
te :
Makah 8 mlnyak
chit .

Mdk did rehear

Dr Noraiza Abdul Rahman 22

11
 ASSESSMENT
Formula for Loss of Support take Of
Into "e
acc

HR
workingSepport
d-

57Cthe vigicilvde
3)
:

MULTIPLIER X MULTIPLICAND of
- -
expected
spenddependents
for

child 8 wife
-

- t
perv
child
-

-
parents penned tonoffof supportof
-
.

Noh Rhema many

g- Anmarried
of deceased
child
.

widow 8
will
to parents
ca the
10K of support
/ variable of
be reared on the arc
marriage
untinged l hub sequent
unmarried child .

Dr Noraiza Abdul Rahman

tinhead of yuji to dependant 23

child
deceased unmarried :

✓
ASSESSMENT chan chin Ming case4104
-

of
' amt
cute , the
> In parents
fix multiplier tapi

Amendment in 2019
into consideration
x the
support u

iamt Isdiscretionary taking of

Invariable contingencies unmarried child
.

the almost
marriage of such lose
Whieopcht for
25910 je
.

• Previously, the loss could previously be claimed (if the deceased is deceased accident multiplier 8 7-yrs

died granted aby multiplier

fix to) -
in

above 31 years of age to 54) and was calculated as follows:- Hilt support pay
- :

of
rejected ,
-

UO Ai -

60 .

① Parents tbuiphx multiplier

:

ht ant shud take into Ot

almost invariable vonhryieues
Ansi aeration the marriage
.

Nhi event
• With the amendment, the multiplier is calculated as the age 60 (if the
deceased is above 31 years of age to 59). did

)
chun ching Mingace the
.

CoA followed

him'm inning 'm

into
tahan i Oth ilwt took
-

Taking kata did bound

to
payment " "
.

awkrated
,

Nikitin de, contingencies for loss ..

43 of to#g. damages
,

t
deduct

÷:÷÷÷÷÷÷I:÷:÷%÷
:*:*:*
Dr Noraiza Abdul Rahman 24

12
 \

I yuntirugikesedihan

BEREAVEMENT
• A person has a statutory right to claim for such damages despite not
being in a state of grief. cxyah show sedihlmcnangis sgt)
• Section 7(3B): Persons entitled to claim for damages for bereavement
are: SF A) fix RM 10,000 for benefit
i

kami )
cistern
-

dah Rah win

o The spouse of the deceased of 2
person T spouse of
-
Katan -

if
-

bdvm cmaklayah) patent

o The parents of the deceased, where the deceased was a minor and has never deceased
married
• In Hooi Seong v Ooi Pay Yeong [1995], the Court said that only upon 1984 child Meh
- :

being satisfied as to the marital status of the deceased the court claim beteaiement)
could then allow such claim. The parents of a married minor cannot ifoonhibutooyihghfene
-

claim damages for bereavement, only his widow can do so. citakantedueamt .

Dr Noraiza Abdul Rahman 25

BEREAVEMENT
Section 7(3A)
• The sum to be awarded as
damages is a fixed amount of
RM10,000.
• In Noor Famiza Zabri v Awang
Section 7(3C)
• Where the claim is made by the
deceased’s parents (or more
than one person), the sum
awarded shall be divided
equally between them.
• In Hazimah Muda v Ab. Rahim, \
sekatimintakje
-

Muda, where the plaintiff’s
husband was killed in a road
accident, the court allowed her
claim for bereavement at a
fixed amount of RM10,000
without any interest on the
award for damages.
Dr Noraiza Abdul Rahman
the Court said that dah dpttoymak
bereavement is for the spouse, buhugi 2 ayub
but if there is more than one
spouse recognised under
customary law, the damages
should be shared equally.
• Where the deceased left two
spouses, the damages awarded
were divided equally between
them.
26

13
 2019 child included
.

changes in :

BEREAVEMENT
Amendment in 2019
• When it comes to bereavement (‘state of sorrow over the death or
departure of a loved one’), in the past those who can make the claim
are spouses, and if the deceased was a minor and never married,
then his/her parents.
• The maximum amount claimable is RM10,000.00. However with the
amendments, those who can make the claim are now spouses, the
child of the person deceased and the parents (separately).
• The amendments increase the amount claimable to RM30,000.00.

Dr Noraiza Abdul Rahman 27

BEREAVEMENT
Amendment in 2019

4) berhak
iyfade
-
g) berhak I fade
'

631 last borhuk

Dr Noraiza Abdul Rahman 28

14
 FUNERAL EXPENSES
• Section 7(3)(ii): Damages for funeral expenses may be awarded if
such expenses have been incurred by the party.
receipts
• In Tan Ah Hong v Mahalingam[1962]: A claim cannot be made as long as ada
.

→
unless such expenses were actually incurred by the plaintiff.
• Where the expenses were wholly paid for by friends and relatives,
there must be evidence that the plaintiff has given an undertaking that she
to repay the costs incurred if she succeeds in the claim.

Dr Noraiza Abdul Rahman 29

All recovered
proven expenses reasonably marred are

FUNERAL EXPENSES Iv
reasonable
→

necessary .

• In Schneider v Eisovitch [1960]: Before such a sum can be recovered,

the plaintiff must show that the services rendered were reasonably
necessary as a consequence of the tort.
• Expenses incurred to transport the body is claimable.
• In Johnson v Baker [1825]: Costs incurred for mourning and memorial
stone (and other unnecessary things) are not claimable.
• In Pang Ah Chee v Chong Kwee Seng [1985]: In assessing the
damages, the deceased’s status and station in life will be taken into
consideration in arriving at a fair and reasonable figure.

=
treasonable present claim .

Dr Noraiza Abdul Rahman 30

15
 claim special Isen damage .

can

dependmaanytnomfflnent
III.in: ÷:g: %.÷m::÷÷¥
.my µ
..

behalf
brown mmtak
58 Shall claim
.
.
on
*
dependants pm

distributed under will /

-
Westray saw
ESTATE CLAIMS
• A claim made by the executors • A deceased is considered as
or administrator of the having an estate if he made a will
before he died and appointed an
deceased for the benefit of the executor to carry out his wishes
estate. upon his death.
• An estate claim can be made in • An action would then be brought
instances where the deceased on behalf of the deceased’s estate
by the personal representative
did not suffer an immediate (executor).
death, but instead suffered • The persons who ultimately stand to
injuries and died much later. gain from the award are the
• It is a claim made for loss beneficiaries.
suffered between the date of the • However, if the deceased died
intestate, his next-of-kin will benefit
accident and the date of death. from the award.

Dr Noraiza Abdul Rahman 31

bogey
declaredconscious
"

fstfetmythat ESTATE CLAIMS

,

of
path w

mine show Section 8 allows for claims to be made on behalf

•
9 of the deceased’s estate for:
• General damages for pain and • Special damages: ftgk batik mom uhtvk person
suffering prior to death:
• For funeral expenses if incurred by
, my]
• Such a claim can be made where
there is a lapse of time between the the estate (Minachi v Mohd Yusof)
accident and the death, during • For the cost of extraction of letters
which the deceased was not totally of administration
unconscious.
• In Thangavelu v Chia Kok Bin: The • For medical expenses, damage to
deceased died 11 months and 6 vehicle and personal possession,
days after the accident, and the and transport expenses
court awarded RM20,000 for pain
and suffering. thrown dam funeral
expenses
dependant
to those §
bukan

Dr Noraiza Abdul Rahman 32

16
 ESTATE CLAIMS
Merger of Claims
Where there is no duplication of
damages between the
dependency claim and the estate
claim, both claims can be filed
jointly or independently by the
executor/administrator on behalf
of the estate.

Dr Noraiza Abdul Rahman 33

Dr Noraiza Abdul Rahman 34

17