Projek Lebuhraya Usahasama Berhad & Anor v Zakaria bin Hamid & Anor

Appellant(s): Projek Lebuhraya Usahasama Berhad

Respondent(s):

• ZAKARIA BIN HAMID (Bapa kandung kepada simati, AZIZI BIN ZAKARIA)
• GAYAH BINTI DOCHIK ( Ibu kandung kepada simati, AZIZI BIN ZAKARIA)

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Collin Lawrence Sequerah
• YA Dato' Faizah Binti Jamaludin

• The deceased motorcyclist died after hitting a yellow-orange object on an unlit stretch of the highway at night.
• The parents of the deceased (the respondents) sued the highway concessionaire (the first appellant) and its maintenance contractor (the second appellant) for negligence.
• The Sessions Court found the appellants 80% liable and the deceased 20% contributorily negligent, a finding upheld by the High Court which also increased the loss of dependency award.

• Whether the High Court erred in upholding the Sessions Court's finding that the appellants were negligent and 80% liable for the fatal accident.
• Whether the concessionaire's statutory and common law duty to maintain the highway was non-delegable, making it liable for its contractor's negligence.
• Whether the High Court correctly intervened to increase the quantum of damages for loss of dependency.

• The Court dismissed both appeals, affirming the High Court's decision on both liability and quantum.
• The Court held that the concessionaire had a non-delegable statutory duty under the Federal Roads (Private Management) Act 1984 and a common law duty to maintain the highway in good repair and condition, which includes installing street lighting on unlit stretches and having a clear Standard Operating Procedure (SOP) for object removal.
• The Court found that the appellants failed to take reasonable steps to discharge their duty of care, thus upholding the 80% liability apportionment, and saw no reason to interfere with the High Court's adjustment of the loss of dependency quantum.