JUDGMENT
Introduction
[1] The present appeals before us — W-04(NCvC)(W)-444-10/2023 ("Appeal 444") and W-04(NCvC)(W)-447-10/2023 ("Appeal 447") — have been filed by Projek Lebuhraya Usahasama Berhad ("PLUS") and Projek Penyelenggaraan Lebuhraya Berhad ("PROPEL"), respectively. These appeals challenge the decision of the Taiping High Court, which affirmed the Sessions Court's findings on liability relating to the fatal accident at KM177.8 of the Lebuhraya Utara-Selatan ("the Highway"), resulting in the death of motorcycle rider Azizi bin Zakaria ("the Deceased"). They also contest the High Court's decision in allowing the respondents' cross-appeal with regards to quantum.
[2] PLUS holds the concession for the Highway; PROPEL is its contractor for maintenance and repairs. The 1st and 2nd respondents are the parents of the Deceased. They had brought an action for negligence at the Taiping Sessions Court against PLUS, PROPEL, and Muhammed Azmer bin Jamel ("SD-2") for the death of their son. The Sessions Court found both PLUS and PROPEL negligent and had allocated 80% of the liability to them and 20% to the Deceased. It awarded the respondents the sum of RM57,600.00 for loss of dependency and the sum of RM3,000.00 as special damages.
[3] Upon appeal by PLUS and PROPEL, the High Court upheld the Sessions Court's decision regarding liability and allowed the respondents' cross-appeal, increasing the quantum of loss of dependency to RM500.00 per month.
[4] The appellants now appeal against the High Court's decision, contending that the learned Judicial Commissioner ("JC") was plainly wrong in upholding the Sessions Court's decision as regards liability and allowing the respondents' cross-appeal on quantum.
Background Facts
[5] On 27 April 2018, at about 11.45pm, the Deceased was riding along the Highway in a convoy with six other motorcyclists from Kuala Ketil, Kedah, to Banting, Selangor. At KM177.8 of the Highway, the Deceased hit a yellow-orange object along A1 (shown in the sketch plan below) and was flung off his motorcycle onto the middle of the highway at A1-A2; his motorcycle fell onto the side of the road along A1.