JUDGMENT

Faizah Jamaludin JCA:

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.